TRIMBAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal by special leave from the judgment of the High Court of Judicature at Nagpur dated 5th December 1951, setting aside an order of acquittal, and convicting the appellant under S. 411, I. P. C., and sentencing him to nine months's rigorous imprisonment.

(2.) The case for the prosecution was that the appellant along with some other persons committed dacoity in the house of one Namdeo Motiram on the night of 11-12-1950 and thereby committed an offence punishable under S. 395, I. P. C. The defenece was that the appellant had been falsely implicated. It was denied that any of the alleged stolen properties had been recovered by the police at his instance, or from his possession. The magistrate acquitted the appellant and the coaccused. It was held that the recovery of the stolen property from a field which was accessible to all and which did not even belong to the appellant but to one Namdeo Ananda was not sufficient to bring the guilt home to the appellant or to prove that he was in possession of the stolen goods. The evidence as regards his participation in the dacoity was disbelieved and it was observed that the manner in which the search was conducted did not inspire confidence.

(3.) The State Government preferred an appeal to the High Court against the order of acquittal under S. 417 Criminal P. C. The High Court agreed with the finding of the trial magistrate that the appellant was not guilty of the offence under S. 395; it, however convicted him under S. 411, I. P. C. for receiving stolen property. Leave to appeal against this decision was allowed by this court as on a perusal of the judgment of the High Court it appeared that there had been a grave miscarriage of justice in the case.