JUDGMENT

Dr. Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Madhya Pradesh High Court, Indore Bench. The appellant was found guilty of offence punishable under Section 379 of the Indian Penal Code, 1860 (in short the IPC) and was sentenced to undergo rigorous imprisonment for three years for stealing an attache containing about Rs.55,000/- from the possession of the complainant Vinod Kumar Aggarwal while he was travelling in a bus and had got down leaving this attachi behind.

3. The trial court had found the accused guilty. The appeal filed before the first appellate authority was dismissed and so was the revision petition by the impugned judgment.

4. Background facts in a nutshell are as follows:

Complainant Vinod Kumar Aggrawal lodged report at the Police Post Bakaner on 25.12.1992 at about 7.30 p.m. that he had come to Manawar, Bakaner, Singhana, Gandhwani for recovery of due money from the merchants of the tea leaves supplied by him. In the morning, he had received money from Sugam Kirana and Gani Mohammad etc. in Bakaner and after recovery of money from Singhana Gandhwani had come to Manawar and also reco