P.K. Mohanti, J. - (1.)THIS criminal revision arises out of an order of conviction under Section 379, Indian Penal Code and a sentence of R.I. for three months.
(2.)THE facts are these:
On 5 -7 -1969 at about 7 p. m. P.W. 2 Laxmi Narayan Misra went to the N.C.C. office at Berhampur and parked his Hercules cycle under a tree in front of the N.C.C. Guard room. While he was going upstairs for some work, the Petitioner went there with an old wear well Deluxe cycle, parked it under the same tree and went for urination. Then he took away the cycle of P.W. 2 leaving his old cycle there. On the next day the Petitioner along with one Bidyadhar Das went to the Cycle Mart of P.W. 1 Sahadeva Behera at village Narendrapur and offered to sell the stolen cycle for a sum of Rs. 40/ - to Rs. 50/ - stating that they were in urgent need of money. P.w. 1 suspected the cycle to be a stolen one since the Petitioner and his companion offered to sell it at a much lower price. He reported the matter to the Gramarakhi who took the Petitioner along with the cycle to Chhatrapur Police Station. On the F.I.R. lodged by P.W. 2 investigation was taken up and in due course the Petitioner and the said Bidyadhar were charge -sheeted by the Police under Sections 379/411/34, Indian Penal Code.

At the trial, the Petitioner and the said Bidyadhar were jointly charged under Section 379, Indian Penal Code. Bidyadhar pleaded guilty to the charge and on his own admission he was convicted under Section 379, Indian Penal Code. The trial proceeded against the Petitioner and ultimately he was convicted and sentenced as aforesaid. On appeal, the conviction and the sentence were confirmed.

(3.)THE Petitioner denied the charge and contended that on 6 -7 -1969 Bidyadhar offered to sell the cycle to him at Narendrapur Hat. He refused to purchase and took Bidyadhar to the Cycle mart of P.W. 1.