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Judgment
Panigrahi, C.J.—The five Petitioners have been convicted u/s 379 I.P.C. and sentenced to pay a fine of Rs. 50/- each; in default, to undergo rigorous imprisonment of one month each. The case against them is that they caught fish in the tank belonging to a deity by name Dadhibaban Jieu and carried away fish worth Rs. 100/- belonging to the complainant who is the marfatdar of the deity. The removal is admitted by the accused persons a is also admitted that the tank belongs to the deity. But it is urged that as there was some dispute between the marfatdar and the villagers regarding the public or private character of the institution the villagers removed the fish as they had been doing in previous years and that they were not actuated by any dishonest intention. It is accordingly pleaded that no offence of theft has been made out.
The offence of theft consists in the dishonest removal of moveable property without the consent of the owner. Dishonest removal means anything done to cases wrongful gain or wrongful loss. It cannot be denied that the deity, in this case, suffered a loss of fish worth Rs. 100/- wrongfully caused by the Petitioners. I am therefore satisfied that the conviction u/s 379 I.P.C. is proper.
It was next urged that a sentence of Rs. 90/- on each of the Petitioners is much too harsh in the circumstances of this case and that a more lenient view can be taken of the offence committed. I would accept this plea and would reduce the sentence of fine from Rs. 59/- to Rs. 30/- on each of the Petitioners. In default of payment of the fine, they will undergo rigorous imprisonment of one month each. The order directing payment of Rs. 100/- as compensation to the complainant will stand.
Subject to the above modification in the sentence the revision is dismissed.