BANUDA Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 5.1.80 passed by the Sessions Judge, Sikar whereby he upheld the judgment dated 6.10.78 passed by the Judicial Magistrate, Sikar convicting the petitioner under Sec. 411, Penal Code and sentencing him to two years R. I. and a fine of Rs. 200.00.

(2.) The brief facts giving rise to this revision petition are that a report was lodged by one Amin Karigar at P.S Losal on 9.2.75 wherein it was stated that a theft was committed in his house. On this report a case was registered, and the petitioner was arrested. On the basis of information u/s 27 of the Evidence Act, some of the stolen property was recovered at his instance. After completing the investigation, the challan was filed. The trial court after recording evidence and hearing arguments of the parties came to the conclusion that the petitioner is guilty for the offence under Sec. 457 and 380, IPC. Aggrieved by the judgment of the trial court an appeal was filed. On that appeal the learned Sessions Judge found the petitioner guilty under Sec. 411, Penal Code and not under Sec. 457 and 380, IPC. Hence this revision.

(3.) Heard learned counsel for the parties and perused the record.