JASRAJ CHOPRA, J. - (1.) THIS revision petition has been filed against the appellate judgment of the learned Additional Sessions Judge, Nohar dated 26 -1 -1988 whereby the conviction of accused petitioner Om Prakash for the offence under Section 457/300, IPC recorded by the learned Munsif and Judicial Magistrate, Nohar was altered into Magistrate one under Section 454/380, IPC and he was sentenced to two years rigorous imprisonment together with a fine of Rs. 100/ -on each count and in default to undergo one months rigorous imprisonment for the offence under Section 454/380, IPC.
(2.) THE facts necessary to be noticed for the disposal of this revision petition briefly stated are: that complainant Sipo Lal went for his treatment to Sirsa on 10 -7 -1985. His house is situated in Ward No. 8 of Nohar town. He came back to his house on 10 -8 1985 and found that outer lock of his house was broken. Locks of all the room were also found broken. Locks of all the boxes and safe were also found broken and certain goods were found scattered. On checking, he found that two gold bangles with pearls weighing about 2 -1/2 tolas, one golden Necklace weighing about three tolas, two golden rings weighing about one tola and one ear -ring weighing about 1/2 tola, 11 silver coines and one silver chain etc. were found stolen. A report of this incident was lodged on 11 -8 -1985 at about 8 a m. at PS Nohar. The Police decided certain foot prints and their woulds were taken by it. It arrested accused Bajrang Singh and Om Prakash and on their information and at their instance, certain ornaments were recovered from their own person or from their houses or from some goldsmiths of Jaipur, Nohar and Sriganganagar etc. The moulds of the foot prints were sent for examination and it was found that these foot prints were of accused Bajrang Singh and Om Prakash. After usual investigation, the case was challenged in the court of learned Munsif and Judicial Magistrate Nohar, where the accused persons were held guilty of the offence under Sections 457 and 380, IPC. On appeal, their conviction was altered from No 457 and 380, IPC to 454/380, IPC. Hence this revision by accused -petitioners, Om Prakash as aforesaid.
(3.) I have bead Mr. J.L. Daga, learned Amicus Curiae for the accused petitioner Omprakash and Mr. L.M. Lodha, the learned Public Prosecutor for the State. I have carefully gone through the record of the case.;