Jagat Narayan, J.—This is a revision application by one Chimna alias Mohan son or Sohan alias Pada, Daroga, resident of village Bawalwara, Police Station, Jawas, District Udaipur, who was convicted under sec. 411 I.P.C. and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200/-, or in default to undergo further rigorous imprisonment for one month, by the First Class Magistrate, Kherwara. The conviction and sentence were confirmed on appeal by the Sessions Judge, Udaipur.

2. The prosecution case was that a theft took place in the house of Maji Sahiba of Bawalwara, Smt. Jumna Kaur, while she was away. The theft was discovered on her return from Bawalwara. She sent a report about it to her son Rawatji of Jawas Shri Takhatsingh on 12.2.51. This report was sent by Shri Takhatsingh to the sec. 40, Jawas along with a list of stolen property on 15th February, 1951. The relations between Maji Sahiba and Rawatji, who was her adopted son, were not cordial. Shri Takhatsingh suspected that no theft had actually taken place and his adoptive mother had really given the ornaments away to her daughter. After investigation, the S.H.O. submitted a final report in the

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