JUDGMENT Sankaran Nair, J. 1. The petitioner was charged only with having committed theft. He was convicted under Section 379 for that offence. On appeal, he was acquitted of theft and convicted of abetment of theft under Sections 109 and 379 of the Indian Penal Code. This is illegal, as the petitioner was not charged with the abetment of theft. The conviction and sentence are set aside and the fine will be refunded.