Short Note : 1. The applicants above named were tried and convicted for an offence under section 379 of the Indian Penal Code by the Judicial Magistrate First Class, Dhar. The applicant Sakhavat was sentenced to one year's RI and the applicant Nabibux who was additionally charged under section 75 IPC was sentenced to three years' RI. On appeal to the Court of Sessions, the learned Sessions Judge affirmed the conviction of both the applicants but reduced the sentence of the applicant Sakhawat from one year to nine months' RI and of Nabibux from three years' to two years' RI. 2. Held : It is in the evidence of Hiralal (PW. 3) that when he questioned the applicants, the applicant Nabibux admitted that 18 iron angles were brought by him from the Government forest at Bhondia and that the same admission was made by the accused Sakhawat. If the prosecution evidence establishes that at a very odd hours of the night, the applicants were found carrying some load on a horse back and on being apprehended and before the arrival of the police, the aforesaid incriminating admissions were made by the applicants then the only inference would be that what was carried by them was nothing but stolen property. 3. Too much stress was laid by the learned counsel for the applicants on the fact that the iron angles as found by the learned Session Judge, were not recovered either at the instance or on the information given by the applicants and that there is no evidence that what was unloaded by the accused in the by-lane was nothing but the load of 12 iron angles in this case. It was also urged that the applicants may have brought something else, which may not have been the stolen property. It was also urged that the applicants may have brought something else, which may not have been the stolen property. In my opinion, considering the facts and circumstances of the case, namely, (i) the presence of the applicants with a horse at a very odd hour of the night in the town of Rau, (ii) the suspicious circumstance in which the applicants entered the by-lane where they unloaded a load which was of some articles made of iron; and (iii) the admission made by the accused of having brought the iron angles from the Government forest, the only inference that could have been drawn was that the applicants had brought the iron angles on the horse back which were later unloaded in the by-lane from where they were recovered by the Police. Accordingly, in my opinion, the view taken by the learned Sessions Judge on this aspect of the prosecution case cannot be accepted. The learned Sessions Judge has found the appellants guilty on the basis of the other remaining prosecution evidence. This conclusion, in my opinion, was fully justified. I, therefore, find no particular reason to interfere with the order of conviction passed by the Courts below. Considering the fact that the property of the State Government was stolen from the forest area and was disposed of in the circumstance, mentioned above, the sentence of nine months' rigorous imprisonment awarded to the accused Sakhavat was fully justified. In view of the fact that the accused Nabibux was a previous convict for the similar offence, the sentence of two years' rigorous imprisonment awarded to him also calls for no interference. Revision dismissed.