ORDER : This revision petition under Ss. 435 and 439 of the Code of Criminal Procedure is directed against the judgment of the learned Sessions Judge, Panjim, dated 19th April 1968. The learned Sessions Judge dismissed the appeal of the appellant against his conviction under S. 379 read with S. 75 of the Penal Code. The sentence awarded was R. I. for 2 years and a fine of Rs. 1000 or, in default, 6 months' further R. I.

2. The appellant and one Babu Loximona Naik were charged together for an offence under S. 379 read with S. 34 of the Indian Penal Code. The material part of the charge was that on the night between 15th and 16th November 1967 between 7-30 p.m. and 5-00 a.m. they stole one dynamo, one pressure-jack and one spanner from truck No. 6472 in possession of the complainant, the value of the stolen parts being about Rs. 1200. Babu Loximona Naik pleaded guilty to the charge and, consequently, he was sentenced to undergo R. I. for 4 months and a fine of Rs. 100 or, in default, to undergo one month's further R. I. Babu Loximona Naik thereafter was examined as a witness in a trial against the appellant. In addition, the prosecution examined the complainant and some other witnesse

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