KACHARJI HARIJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal, filed by the appellant from Jail, against the order of conviction and sentence, passed against him in criminal Case No. 988 of 1966, by the learned Chief City Magistrate, Ahmedabad, Shri P.M. Mehta, The appellant is convicted of an offence, punishable under Section 379 of the Indian Penal Code and is sentenced to suffer three months' rigorous imprisonment and to pay a fine of Rs. 100/- and in default of payment of fine, to undergo one month's further rigorous imprisonment.

(2.) The prosecution story is briefly stated as under:-- There is a firm, named Everest Chemical Industries, situated at Maninagar, Rambaug, manufacturing medicines. On 21st October, 1966, at about 11.00 a.m. four boxes of medicines were sent through Chhanaji Nathaji, an employee of the said firm. Three boxes were to be sent to Surat and one was to be sent to Botad. One which was to be sent to Botad was to be sent through Bharat Transport Co., situated near Sarangpur Gate, at Ahmedabad. The three boxes which were to be sent to Surat were to be sent to Ambika Medical Stores at Surat and the necessary slips for the same were attached to the boxes. The said firm was a partnership firm and one of the partners was the complainant, Ratilal Amthalal. The aforesaid four boxes were carried by Chhanaji in a hand-cart to Sarangpur Gate. He parked his cart outside Bharat Transport Co. hear Sarangpur Gate. One box of medicines, which was to be sent to Botad was carried by him to Bharat Transport Co., leaving the three other boxes in the said handcart, unattended to. On his return after delivering one box to Bharat Transport Co., he found his cart as well as the three boxes of medicines, left in that cart, missing. He searched for the same, but it was in vain. He, therefore, reported about the incident to his master, Ratilal, who in his turn, filed a complaint at Kalupur Police Station. One of the three boxes contained 50 bottles of Syrup Vasaka, valued at about Rs. 175/-. The second one contained 44 bottles of Cough-ex, valued at about Rs. 198/- and the third contained 36 bottles of Isewhite Syrup, valued at about Rs. 153/-. On 22nd of the same month, i.e., on the next day, one police constable, Dattu of D. C. B. got information that the present appellant and the other two named, Fata Bhikha and Dharma Shiva have committed a theft of these three boxes and they have hidden them somewhere near Dudheshwar. Dattu conveyed that information to the Head-Constable Sukhaji, and Sukhaji incidentally caught hold of the present appellant and on being questioned, he showed his willingness to point out the muddamal. The information was given in the presence of panehas. It was noted down in the initial panchnama. The police and the panehas went to the place near a Chawl of Galaji near Dudheshwar at the instance of the appellant, and in a cow-dung hill, these bottles and parts of the boxes were found hidden and they were brought out by the accused-appellant in the presence of panehas. They were in a gunnybag in the said cow-dung hill. Panchnama Ex. 7 was drawn up. The appellant was arrested. After necessary investigation, charge sheet was sent against him.

(3.) The learned Magistrate, relying upon the evidence of pointing out the muddamal stolen bottles by the accused, which were found hidden in a cow-dung hill at Dudheshwar, near Galaji Chawl on a day next to the day of the offence, found that this appellant must be a thief. On the basis of it, he convicted the appellant of the offence in question. The appellant's version was that he had not committed any offence. He had not led any defence evidence.