U.C. Maheshwari, J.

1. Though this revision was listed 29-11-2004 in motion hearing but with the consent of both the counsel for the parties is heard finally at the stage of motion hearing.

2. This revision petition is preferred under section 397/401 of the Code of Criminal Procedure by the present applicant assailing the judgment dated 4-5-1999 passed by the Sessions Judge, Sagar in Criminal Appeal No. 17/99 whereby the appeal of the applicant has been dismissed and the judgment passed by Judicial Magistrate First Class, Sagar dated 20-1-1999 passed in Criminal Case No. 66/96 by which the present applicant was found guilty and convicted under section 379 of the Indian Penal Code (for brevity I.P.C.) and awarded the sentence of 2 years rigorous imprisonment (R.I.) with fine of Rs. 500/- and in Cri. Rev. No. 859 of 1999 decided on 1-12-2004. (Jabalpur) default of the payment of the fine amount further Simple Imprisonment (S.I.) for 3 months was awarded, has been upheld. Hence, this revision petition.

3. According to the prosecution case, Mohan Singh (P.W. 3) who is a resident of village Mainwara Kala, who, is having well in his agriculture land known as Kachharwala field of the sa