NAVIN CHANDRA SHARMA, J.—This is a revision by Udailal against the judgment of the Sessions Pratapgarh (camp Chittorgarh) dated August 29, 1979, whereby the Sessions Judge upheld the conviction and sentence awarded to the petitioner in Criminal case No. 119 of 1973 by the Judicial Magistrate Kapasin.

2. I have heard Mr. Dinesh Maheshwari learned counsel for the petitioner and the Public Prosecutor and have perused the record.

3. Prosecution case is that Chaturbhuj P.W. 1 had an agricultural field in village Bhatton- ka-bamania Tehsil Kapasan District Chittorgarh. The petitioner used to work as agricultural labourer on the field of Chaturbhuj since 1968 5 years before the date of the incident. On March 2, 1973 Indira Devi found a golden tops in the field of Chaturbhuj and brought it to her home and showed it to his father Chaturbhuj. After seeing the tops Chaturbhuj thought that it belonged to him and as to how it was lying in the field. He immediately made a search in his boxes and found that apart from a golden bor the remaining ornaments were missing. He told about it to the village people and also inquired from Udailal petitioner. It was alleged that Udailal told that no steps may

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