JUDGMENT :

Heard Mr. Rajesh Kumar, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Ashok Kumar, learned A.P.P. appearing on behalf of the opposite party- State of Jharkhand.

3. The instant criminal revision is directed against the judgment of the learned appellate court dated 30.07.2008 passed by the learned Sessions Judge, Lohardaga in Criminal Appeal No. 20 of 2007 dismissing the criminal appeal and upholding the judgment of conviction and the order of sentence dated 24.09.2007 passed by the learned A.C.J.M., Lohardaga in G.R. Case No.220 of 2005/T.R. Case No. 278 of 2007 whereby the petitioner was convicted under Section 414/34 of IPC and was sentenced to undergo rigorous imprisonment for two years and six months under Section 414/34 of Indian Penal Code.

4. The learned counsel for the petitioner has placed the judgment passed by the learned trial court as well as the learned appellate court. The learned counsel submits that the petitioner has been convicted under Section 414 read with Section 34 of Indian Penal Code, but there is no material on record to show that there was any theft report in connection with the motorcycle involved in this case, which has been