R.MUKHOPADHYAY,J. - (1.) Heard Mr. G.P. Roy, learned counsel for the petitioner and Mrs. Vandana Bharti, learned A.P.P. for the State.
(2.) This revision application is directed against the judgment dated 16.08.2002 passed by the learned IIIrd Additional Sessions Judge, Dhanbad in Criminal Appeal No. 174 of 1999 whereby and where under the judgment and order of conviction and sentence passed by the learned Judicial Magistrate 1st Class, Dhanbad on 22.11.1999 in G.R. Case No. 875 of 1996 convicting the petitioner for offence punishable under section 379 of the Indian Penal Code and sentencing him to undergo R.I. for one year has been affirmed.
(3.) The prosecution story as would appear from the First Information Report is that when the informant was on duty on 24.03.1996 he noticed the pay loader workshop gate was closed from inside. He further noticed that one person along with the petitioner was throwing parts of the pay loader and Iron materials outside the wall. It is alleged that the informant returned to his camp and informed about the incident to his colleagues and when they once again came to the workshop they noticed Iron materials lying outside the workshop wall. It is further alleged that after the Police personnel entered inside the shop after climbing the wall they had caught the petitioner and another person who had disclosed his name as Nepal Saw and further disclosed that he was committing theft at the instance of the petitioner. This person had also disclosed that the petitioner used to supply Iron materials to him.;