P.K.Deb, J.

1. This revision petition has been preferred against the judgment and order dated 16-6-1994 passed by the then Sessions Judge. Singh- bhura, East, Jamshedpur in Criminal Appeal No. 8 of 1992, whereby and whereunder the appeal was dismissed confirming the judgment and order of conviction dated 28-3-1992 passed by the Judicial Magistrate Ist Glass, Jamshedpur in G. R. Case No. 1169-A of 1988 (Trial No. 203 of 1992). By that original judgment, the petitioner was held guilty for the offence under Section 411, IPC. and sentenced to undergo R. J. for six months. It may be mentioned here that the petitioner was in custody after the arrest at the initial stage for about 16 days and then he was granted bail and during the period, he was on bail.

2. Prosecution case was that in some time past, it was observed that there is pilferage and theft of materials from the godown of Burma Mines of B. M.P.11 and then two officials of B. M. P. 11. namely Havildar, Sheo Prasad Singh and constable Rajendra Singh were deputed for keeping watch. In the night of 5-8-1988, they noticed that three persons were committing theft of 25 length iron rod from the back side of the main building.