THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL REVISION CASE No. 499 of 2009 JUDGMENT: The Revision Petitioner herein was accused No.2 in C.C.No.25 of 2006 on the file of the Judicial First Class Magistrate, Giddalur and he along with A-1, A-3 and A-4 was convicted for the offence under Section 379 of the Indian Penal Code, 1860 (for short “IPC”) and sentenced to undergo rigorous imprisonment for four months, which in Criminal Appeal No.39 of 2008 on the file of the VI Additional Sessions Judge (Fast Track Court), Markapur was confirmed only against A-1 and A-2 and acquitted A-3 and A-4. The case of the prosecution is that A-1 to A-4 went to the shop of P.W.1, when he was doing business, the accused tried to commit theft of Rs.20,000/-, which was kept in the cash counter and A-1 and A- 2 were apprehended on the spot whereas A-3 and A-4 left the place. On the basis of the above complaint, the accused were tried for the offence under Section 379 of IPC and accordingly convicted and sentenced by the learned Magistrate. The evidence on record clearly goes to show that the accused have kept the money in the bag when they have been apprehended at the scene. The question of identification does not arise. Therefore, the Courts below have rightly appreciated the evidence and the conviction and sentence imposed by the learned Magistrate, which was confirmed in the appeal against A-1 and A-2, does not call for any interference. Accordingly, the Criminal Revision Case is dismissed. The lower Court is directed to issue non-bailable warrants for the apprehension of the accused to serve the remaining period of sentence. ________________________ N.R.L. NAGESWARA RAO, J Date: 29-12-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL REVISION CASE No. 499 of 2009 DATE: 29-12-2011 MR