MUSDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE learned Additional Sessions Judge, Kishangarhbas, Alwar under his judgment dated January 27, 1987 while maintaining the conviction of each of the accused petitioner under Section 394 I.P.C. reduced the sentence of each of them from 4 years and 6 months RI and fine of Rs. 1,000/ - to 3 years RI and fine of Rs. 1,000/ - and in default of payment sentenced each of them to further suffer 3 months RI.

(2.) GENERALLY this court does not interfere in revision in the findings arrived at by the appellate Court as well as by the trial court, but in the instant case, so far as the accused petitioners Shamsuddin s/o Murad and Habib are concerned, their complicity in the crime is not proved beyond doubt and the finding that they committed an offence under Section 394, I.P.C. appears to be perverse.

(3.) THE first contention of the learned Counsel for the accused petitioners is that no stolen property was recovered from each of the accused petitioner and has not been proved to be stolen properties. The recovery of the currency notes will not connect the petitioners with the crime. His further contention is that when no numbers of the currency notes were given how could it be held to be stolen property