I.A. Ansari, J.

1. By judgment and order, dated 26-09-2003, passed, in GR Case No. 41 of 2003, by the learned Sub-Divisional Judicial Magistrate, Majuli, one person, namely, Padma Kanta Sarmah, was convicted under Section 411 IPC, whereas his co-accused, namely, Sri Maina Dutta, (i.e., the appellant herein) was convicted under Section 379 IPC and each one of them was directed to suffer rigorous imprisonment for two months and pay fine of Rs.500/- and, in default of payment of fine, to undergo simple imprisonment for 15 days. Aggrieved by their conviction and the sentence passed against them, both the convicted persons, namely, Padma Kanta Sarmah and Maina Dutta preferred an appeal, which gave rise to Criminal Appeal No. 60 of 2003. By judgment and order, dated 23-03-2004, learned Sessions Judge, Jorhat, partly allowed the appeal in the sense that while the conviction and, consequently, the sentence passed, as against the accused-appellant, namely, Padma Kanta Sarmah, under Section 411 IPC, were set aside, but the present appellant's, namely, Maina Dutta's, conviction under Section 379 IPC and the sentence passed against him were upheld and the present appellant's appeal stoo