-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR J U D G M E N T Surya Vs. State of Rajasthan S.B.CRIMINAL APPEAL NO.383/1989 against the judgment dt.14.9.1989 passed by the Sessions Judge, Banswara, in Sessions Case No.81/1983. Date of Judgment: May 22, 2008 P R E S E N T HON'BLE MR.JUSTICE DEO NARAYAN THANVI Mr.Mahendra Trivedi, for appellant. Mr.O.P.Rathi, Public Prosecutor. BY THE COURT : 1. This is an appeal against the judgment of the learned Sessions Judge, Banswara, dated 14.9.1989, whereby he convicted the accused appellant Surya for the offence u/s.380 IPC and sentenced him to one year's R.I. and a fine of Rs.500/- and in default, to further undergo two months' R.I. -2- 2. During trial, the accused appellant Surya remained in custody from 17.5.1983 to 3.9.1983, therefore, the learned counsel for the appellant submits that since it is a case of twenty five years old incident of small theft of some silver ornaments, which the tribal use to wear, accused should be sentenced to the period already undergone. 3. In this case, six accused were chargesheeted for committing murder of Mst.Ramtu and taking away ornaments from her house in the intervening night of 31.1.1983 and 1.2.1983. Learned Sessions Judge, Banswara after framing the charges u/ss.302 read with 34, 460 and 380 IPC against six accused, convicted accused Nathu and present accused appellant Surya u/s.380 IPC and sentenced them as aforesaid on the basis of the evidence recorded by the prosecution. However, they were acquitted u/ss.460 and 302 IPC. Rest of the accused were also acquitted. There is no appeal of accused Nathu before this Court and looking to the nature of theft and the fact that the State has also not filed any appeal against the order of acquittal, the ends of justice will be met, if the accused appellant Surya is sentenced to the period already undergone, which is about four months. -3- 4. Consequently, this appeal is partly allowed. While maintaining conviction of the accused appellant Surya for the offence u/s.380 IPC, he is sentenced to the period already undergone. He is already on bail. His bail bonds stand cancelled. (DEO NARAYAN THANVI), J. RANKAWAT JK, PS