H.R. Panwar, J.-By the instant criminal revision petition under Sec. 397 read with Sec. 401, CrPC, the accused-petitioner has challenged the impugned Judgment dated 19.2004 passed by the Additional Sessions Judge, Barmer (for short, "the appellate Court" hereinafter) in Criminal Appeal No. 15 of 2003, by which the appeal filed by the accused-petitioner against the Judgment and order dated 19.2003, passed by the Additional Chief Judicial Magistrate, Barmer in Criminal Case No. 353 of 2001 has been dismissed.

2. The facts of the case, relevant and necessary for disposal of this criminal revision petition, in a nut shell, are that on 24.2001 complainant Doda Khan lodged an FIR with Police Station, Ramsar stating therein that on 20.4.2001, at about 6:00 a.m., PW. 3 Bilal Khan came to his house and informed that in the night, at about 1:00 a.m., he and Kamruddin alighted from the truck at the bus stand of village Gagariya and were going to their house and saw accused-petitioner coming out from the broken part of the cabin of the complainant. On this information, the complainant went to his cabin and found the cabin broken. On searching the chest, it was found that the currency