- (1.) THIS revision has been preferred against the judgment and order dated 05.10.1989 passed by the Additional Sessions Judge, Bareilly, by which Criminal Appeal No. 54 of 1988 was dismissed and the conviction of the revisionists under section 411 IPC sentencing him to one year's rigorous imprisonment was maintained.
(2.) CASE of the prosecution is that in the night between 22/23.06.1985, the informant Sompal was sleeping, suddenly his cattle i.e. cow and bull were stolen and next morning he lodged an FIR, in which the details and description of the cattle were given. On 23.06.1985 the stolen cattle were recovered from the possession of the revisionists and on the pointing out the horns of the stolen cattle were recovered from village Mandanpur. After the report was lodged, the matter was investigated by the Investigating Officer, who submitted charge sheet against the accused persons.
(3.) CHARGES were framed against the accused persons, who claimed to be tried and pleaded not guilty. The prosecution examined PW -1 Baboo Ram, PW -2 Sompal, PW -3 Rajendra Pal, PW -4 S.I. Chabi Ram Singh.;