SHER SINGH Vs. CHET RAM

JUDGEMENT

(1.) THIS Criminal Revision Application came up before me in November, 1967. After hearing the learned counsel for both the parties, I referred the case to a Full Bench on two points by my order, dated 29.11.1967. The Full Bench, by a judgement, dated 1.4.1968, decided the first point on the basis of a concession made by the learned counsel for the petitioner, and sent back the case for decision by a Single Judge on the second point. The facts which gave rise to this revision application were set out by me in detail in ray order of reference to the Full Bench, and I, therefore, need not state them again in detail. I shall, however, set out a few facts which are relevant for a decision on the second point.

(2.) CHET Ram, the respondent herein, made a report to the police that be owned two mules, that be sent his servant Gaur Singh with the mules to a certain place for bringing certain goods for his shop, that the servant did not return in the evening, that on an enquiry be learnt that his servant bad taken the mules towards Rohru, that when he went to Rohru he was told by some persons of that place that they saw his mules at a place called Bagi, that he thereupon went to Bagi and saw his mules in the shop of one, Sher Singh (the petitioner herein), who was a shopkeeper at Bagi, that Sher Singh told him that he had purchased the mules from Sis Ram (the brother of Chet Ram) and Gaur Singh for Rs. 2,800, and that Sher Singh refused to return the mules to him.

(3.) ON the said report, the police registered a case and after investigation challaned only Sis Ram under Section 420 of the Penal Code.