G.K.SHARMA, J. - (1.)THIS revision petition has been preferred by Chhotiya, against the Judgment of Sessions Judge, Sikar dated 6th September, 1978, upholding the conviction and sentence of the petitioner under Section 380, 457 IPC.
(2.)THE facts briefly stated that on 9th May, 1972, Sita Ram, was looking after the residential house of Shrilal s/o Kishanlal Gjyanka, residing at Madras. This house is situate at Laxmangarh and was being looked after by informant Sitaram. In the written report Sita Ram, has mentioned that in the night intervening 'Migsar' sudi 'Dooj' or 'Teej' some one after breaking the locks of the rooms committed theft and took away some clothes and some articles of silver. About this theft he informed the owner Shrilal at Madras and after getting the information from him he submitted this written report at the Police Station, Lakshmangarh Thana. I would like to make it clear that according to information memo Ex. P.14 alleged to have been given by the accused, this theft was committed 8 or 10 months before this information. Ex. P.14, was prepared on 16th May, 1972. The report by Sita Ram, was lodged on 9th May, 1972. Thus, it is clear that about 8 or 10 months prior to lodging this report Ex P.5, this theft was committed.
On receipt of this report Ex.P 5, regular FIR was reported which is Ex. P.13. from this Ex. P.13, I find that Sitaram, submitted the report at the police station on 9th May, 19'2, at 7.00 p.m The time for submitting this is very material which will be discussed later on.

(3.)THE Station House Officer, on the information of the accused recovered some clothes and other articles, the recovery memo is Ex P 3. After completing the investigation police submitted the challan against the accused petitioner Hanumac, under Sections 380, 457 IPC.