V.P.Mathur - (1.) REVISIONIST Rakesh Kumar was convicted on a charge under section 380 of the IPC by the First Additional Munsif Magistrate, Agra by his order dated 28-2-1984. He was sentenced to rigorous imprisonment for two years and a fine of Rs. 1000-00 was also imposed. In default of the payment of the same, he was called upon to undergo rigorous imprisonment for a period of six months.
(2.) AN appeal being numbered 41 of 1984 was preferred. The learned First Additional Sessions Judge of Agra who disposed of this appeal on 8-8-84 confirmed the order of First Additional Munsif Magistrate and dismissed the appeal in toto. Hence this revision. It has been admitted only on the point of sentence. Briefly stated the prosecution story was that on 30-6-1982 at about 3-00 in the evening Duli Chand and Tej Singh the sons of the complainant Natthilal returned to their house at Dayal Nagar and found that the lock of their front door was lying open They entered the house and found the revisionist committing theft of water-pipe. He had already taken a five feet long piece of this pipe and was trying to remove another pipe. When an alarm was raised by these two persons, with the help of witnesses Prahlad and one police Sub- Inspector, the accused was apprehended on the spot. Then a report was lodged and investigation was made and the case came up before the learned Magistrate.
(3.) IN support of its case, the prosecution examined Natthilal complainant, Duli Chand, Tej Singh and Sub-INspector Ram Singh as eye-witnesses of the occurrence. After going through the evidence of these witnesses and perusing the other documents on the record, which was summoned and is placed before me today, I come to the conclusion that the conviction of the revisionist under section 380 of the IPC was rightly returned.;