BABU LAL Vs. STATE

JUDGEMENT

(1.) Babu Lal Sonar, resident of Maida Wali Gali, police station Chowk Lucknow, was convicted by a Judicial Magistrate of Lucknow of au offence under Section 411, Penal Code, for retaining stolen properties Exs. I to VII in his possession. These articles along with a large number of others totalling about 144 in number were recovered from the possession of the applicant on 20th November 1947, on search of his house in the course of investigation regarding a burglary.

(2.) It has been held by the Courts below that four of the aforesaid articles were stolen from the house of Abdul Rahman on 1st January 19i6, and one of them, namely, EX. vII was one of the articles lost in a burglary which took place at the house of Captain Radha Krishna on the night between 5th and 6th July 1946. The learned Magistrate as well as the learned Civil and Sessions Judge in appeal held that there were circumstances which indicated that the accused Babu Lal retained the articles knowing or having reason to believe that they were stolen properties. These circumstances were stated by the trial Court to be as follows: (l) That most of the articles recovered were things of daily use, Exs. I to IV being utensils and Ex. VII a used leather purse but they were recovered from the boxes of the accused one of which was locked, (a) That the name of Chhotey, a deceased son of Abdul Rahman, was engraved on Ex. II a lagan and a piece of paper was pasted over it. (3) That the evidence indicated that Ex. IV a tabak originally had the name of Abdul Rahman engraved on it but it was removed either by erasing it or rubbing it out; (4) That the articles were the proceeds of two different thefts in Lucknow; and (5) That the recovery of the purse was denied by the accused and the explanation given by him regarding possession of the other articles was demonstrably false.

(3.) Upon the findings thus given the Courts below agreed that Babu Lal was guilty of an offence under Section 411, Penal Code, and that the sentence of three months rigorous imprisonment was well deserved.