JUDGMENT

E. S. Venkataramiah, J. - The charge against the appellant who was an employee of the Railway was that on 12-9-1972 at paldhi Railway Station he bad abetted the commission of an offence of theft of coal from a railway goods wagon, which was committed by Bhikan Murad who was arraigned as accused No.1 in the case before the Special Judicial Magistrate, First Class, (Railways), Bhusawal. The learned Magistrate acquitted the appellant of that charge and against the judgment of acquittal passed by the learned Magistrate, the State Government filed an appeal before the High Court of Bombay, The High Court allowed the appeal and convicted the appellant of an offence punishable under Section 379 read with Section 109 Indian Penal Code. It imposed a sentence of fine of Rs. 500/- on the appellant and in default of payment of fine to suffer rigorous imprisonment for two months. The subject matter of theft was a quantity of coal valued at Rs. 8/-. After the judgment was delivered by the High Court we are informed that the appellant has been taken back to duty by the Railways and he is even now in service. Shri S. V. Tambekar, learned Counsel for the appellant at the hearing of this ap