M.C.JAIN, J. - (1.) THIS is an appeal by the State against the judgment dated 13th April, 1972, passed by the learned Sessions Judge, Marta, whereby he acquitted the respondent of the offence under Section 411, IPC, reversing the judgment of conviction of the Munsif Magistrate, Marta, dated 26 -8 -71.
(2.) PEER Mohammed has also preferred a revision petition against the judgment of the learned Sessions Judge, Marta. The appeal and the revision, both, are being disposed of by this judgment. The prosecution story, in brief, is that Peerkhan alias Peer Mohammed lodged a report at the police station, Marta, on 1.8.70, in which he stated that a sum of Rs. 3,300/ - was lying in a tin box in his shop. This fact was known to Durgaram, Om Prkash and Jagdish as the money was counted in their presence on 30th July 1970. When he searched the tin box the money was missing On this report a case under Section 457/380, IPC, was registered. During the investigation the respondent got recovered Rs. 2,700/ - and the remaining sum of Rs. 600/ -was given by the respondent's brother Jagdish to the complainant who produced the same at the Police Station. It is said that the accused gave information to the effect that he had kept the money in a pit by the side of the wall of the kitchen in his house. Accordingly, in pursuance of this information the money was recovered. After completion of. the investigation the accused was challaned The accused pleaded not guilty to the charge and claimed to be tried. After recording the evidence the learned Magistrate convicted the accused under Section 411, IPC, and gave him the benefit of probation. The accused went in appeal before the learned Sessions Judge, who found that the identity of the money has not been established by the prosecution and the explanation offered by the accused is satisfactory and on that basis the learned Sessions Judge acquitted the accused and ordered the return of money to him.
(3.) THE State and the complainant, respectively, preferred the appeal and the revision petition, dis -satisfied with the judgment of the learned Sessions Judge.;