MANOHAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the judgment of learned AddI. Sessions Judge, Rajasamand dated 22/2/1984 whereby he has maintained the conviction of the petitioner u/s. 411, I.P.C. passed by the learned Munsif and Judicial Magistrate, Rajasamand dated 2/9/1984 but reduced the sentence from one year to three months S.I.

(2.) Brief facts of the prosecution case are that one Bhanwarlal lodged a F.I.R. on 3/2/1980 alleging that a theft has been committed on 2/1/1980 from his cycle shop. On this, police registered a case under sections 457 and 380, I.P.C. Challan was filed against the petitioner, Jamnanand and Avantilal. The learned Magistrate after conclusion of the trial acquitted two co-accused but convicted the petitioner u/s. 411, I.P.C. on the basis of recovery and sentenced him to one year R.I On appeal, the conviction of the petitioner was maintained but the sentence was reduced as stated above.

(3.) Mr. D.S. Shishodia, learned counsel for the petitioner has submitted that when theft was not proved and the other co-accused have been acquitted: the petitioners conviction only on the basis of alleged recovery, which is not admissible, cannot be maintained. He has placed reliance on Pohalya Motya Valvi v. State of Maharashtra