G.K.Sharma, J. - (1.)This revision petition has been referred against the judgment of Additional Sessions Judge, No.1, Alwar, dated 22.4.1978, where by upholding the conviction and sentence awarded to Brij Lal, petitioner by the learned Judicial Magistrate, No 2, Alwar for the offence underSection 411 I.P.C.
(2.)The facts of this case in brief are that in the mid night of 27th July, 1975, and 28th July, 1975, a theft was committed in the shop of complainant Kishan Lal and 426 metre cloth, 281/2 pairs of TDhotisT 10 kg. sugar and cash Rs. 7/- were stolen away. On this report the police registered the case and investigated the matter. During investigation the police arrested Bhagwana. On interrogation Bhagwana informed that the stolen articles are at the house of Brij Lal. Bhagwana who was in custody with the police in some other case gave this information about Brij Lal. On this information the house of Brijlal was searched and from his house some cloth, ornaments, utencils and sewing machine etc, were seized. With regard to the theft in this case some cloth and 13 pairs of DhotisT were seized. After this Brij Lal, was arrested. The identification of the articles was done by Krishan Lal, who identified the articles to be his. After the investigation the police submitted the challan against Bhagwana, Ramesh, Kalyan and Brij Lal. After hearing the arguments before charge the learned Magistrate did not find any case against Ramesh and Kalyan. Hence both these persons were discharged. Bhagwana and Brij Lal were charge sheeted. After recording the evidence and hearing both the parties the learned Magistrate did not find accused Bhagwana guilty of the charge framed against him and acquitted him. The case against Brij Lal was found established and he was found guilty for the offence under Section 411 I.P.C. and sentenced him to 3 months R.I. and the fine of Rs. 300/- in default of payment of fine it was ordered that he should undergo one monthTs rigorous imprisonment.
(3.)Against the judgment of the learned Magistrate, dated 21st March, 1977, Brijlal, preferred an appeal in the court of Sessions Judge, Alwar and the appeal was disposed of by the A.D.J. on 22nd April, 1978, whereby upholding the conviction and sentence of Brjjlal. Against this judgment Brijlal bas preferred this present revision petition.