JUDGMENT

V. Gopalaswamy, J.- This revision is preferred against the judgment of the learned Sessions Judge, Balssore, dated 28-7-1985 in Criminal Appeal No. 127 of 1985 confirming the order of conviction passed by the Trial Court in G.R. Case No. 1482 of 1981 convicting the accused under Section 379 of the Indian Penal Code and sentencing him thereunder to under to rigorous imprisonment for one month.

2. The petitioner Banchhanidhi Singh was the owner of a cycle repairing shop near. Bhograi market within Bhograi Police Station in Balssore district on a consideration of the evidence of seven P.Ws. examined by the prosecution, the learned Magistrate convicted the petitioner under Section 379 of the Indian Penal Code for having committed theft of the bicycle of the informant Bhaskar Chandra Patra (P.W. 2), valued at Rs. 200/-.

Out of seven witnesses examined by the prosecution, P.Ws. 1 to 3 are the only material witnesses. P.W. 4 is not a material witness, as he admitted that he had only heard about the alleged incident regarding the keeping of the cycle in the zima of P.W. 3. P.W. 5 also is not a material witness as he does not state anything about the accused or about the incident w