PANU NAYAK Vs. CHINTAI MALLIK

JUDGEMENT

(1.) This revision is directed against the conviction of the petitioners under Section 379, Indian Penal Code, by the lower appellate Court and the sentence of fine of Rs. 30 each imposed upon them.

(2.) The petitioners had been put on trial for for an offence under Section 379, Indian Penal Code. The learned trial Court, however, disbelieved that part of the prosecution case which would make the offence one under the section, but believed the allegations which made out an offence under Section 426, Indian Penal Code and convicted them under that section and sentenced them as above.

(3.) The learned lower appellate Court, however, altered the finding of the trial Court and substituted for it a finding of guilty under Section 379, Indian Penal Code. Hence, this revision.