KOTAMSATH APPANNA Vs. KOPPOJU APPALARAJU

JUDGEMENT

(1.) I have perused the entire records and heard the learned counsel for the petitioner and the learned Public Prosecutor contra. Two Courts found the petitioner guilty under Section 406, Penal Code in respect of a gold jewel taken by him from P. W. 1, a goldsmith, on 18th April 1948 for showing it to his wife and placing an order for a similar jewel if she approved of it and failing to return it and retaining it with him towards some debts due to him by P. W. 1, and refusing to return it. He has been fined Rs. 150, and the entire fine is directed to be paid to P. W. 1 as compensation for the loss of the jewel.

(2.) THE learned counsel for the petitioner urged that the lower Courts should have believed the evidence of the D. Ws. and held the jewel to be his and made from gold supplied by him I cannot agree. The lower Courts were right in disbelieving these D. Ws.