NARAYAN TEWARY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal by special leave against the order of the High Court of Calcutta in Criminal Revision Case No. 36 of 1952 affirming the conviction of the appellant by Additional Presidency Magistrate, Calcutta, under Section 406, Indian Penal Code.

(2.) The case of the prosecution was that Ram Kishore Misra, the owner of the jewels and saris in question, was a native of village Nawhi in Uttar Pradesh and that he was also carrying on business in Calcutta. The appellant and the second accused Prayag Dutt Dubey, who were also natives of the same village, saw Ram Kishore Misra, who was then in his village on the 18th June 1951 and represented to him that they were going to Puri and on their way back intended to stay in Calcutta for two or three days and asked for a letter of introduction to his brother-in-law, Bal Krishna Bajpai, who was in Calcutta, to accommodate them in his house and help them in sightseeing. Ram Kishore Misra then gave the letter which is marked as Exhibit I. Therein he also instructed his brother-in-law to obtain a return of certain jewels deposited by him for safe custody with the firm of Ramjidas Jagannath and send them on to him through the appellant, as they were required in connection with a marriage in his house. The appellant and Prayag Dutt Dubey went to Bal Krishna Bajpai at Calcutta on 21st June 1951 and stayed with him for two or three days. Bal Krishna Bajpai got a return of the jewels from Ramjidas Jagannath and handed them over to the appellant on 23rd June 1951 to be delivered to Ram Kishore Misra at Nawhi. The appellant took the jewels and saris but did not return them to Ram Kishore Misra. It is on these allegations that Bal Krishna Bajpai filed the present complaint charging both the appellant and Prayag Dutt Dubey with criminal breach of trust. On this complaint the Magistrate ordered a search, and it was carried out by P. W. 5. While nothing was found in the house of the appellant, among the articles recovered in the house of the second accused there were a ring and a pair a silver chel churi which are claimed to have been among the articles entrusted to the appellant on the 23rd June 1951.

(3.) At the trial apart from the evidence of Bal Krishna Bajpai, P. W. 1, and Ram Kishore Misra, P. W. 2, there was in support of the prosecution case the evidence of the cashier of the firm of Ramjidas Jagannath, P. W. 3, who deposed to the deposit of jewels with the firm, the return thereof to P. W.1 on 23rd June 1951 and the entrustment thereof by P. W. 1 to the appellant the same day. P. W. 4 is another witness who speaks to his having been present at the entrustment to the appellant.