This is a criminal revision against the conviction and sentence imposed on Goga and Dhani Ram, the petitioners before me. They were tried under S. 457 of the Penal Code before the Munsiff Magistrate first class at Jammu. The trial Magistrate acquitted them of the offence under S. 457 but convicted them under S. 411 of the Penal Code. Goga was sentenced to rigorous imprisonment for 20 days and to a fine of Rs. 25/-; Dhani Ram to four months rigorous imprisonment and to a fine of Rs. 75/-. An appeal preferred by the accused to the Addl. Sessions Judge at Jammu proved unsuccessful. The accused persons have, therefore, come up in revision to this court.

(2) The learned counsel for the petitioner has raised two points of law in this revision petition. The first is that the list o£ the stolen articles has not been produced or proved by the prosecution. The First Information Report dated 28th Chet 2010 given by Ganga Ram, complainant states that the list o£ the stolen articles will be furnished by him when the police goes to his house which is the scene of occurrence. The Police Officer went to the house of the complainant the next day i.e, 29th Chet 2010.

The complainant in his evidence

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