JHAGRU KURMI Vs. STATE

JUDGEMENT

(1.) A woollen coat, a muffler and a sweater of Ram Chandra Singh, a student of the Banaras Hindu University, were stolen on the night of 2nd January 1949. On 6th February 1949 they were found in possession of Jhagru applicant. He was wearing the sweater and muffler and he produced the coat on being asked about it. He stated at the time of recovery that he had purchased these things from Dwarka for Rs. 10.

(2.) Dwarka was convicted under Section 379, Penal Code, Jhagru was convicted under Section 411, Penal Code. Dwarka filed a revision before the Sessions Judge for his conviction and sentence of fine of Rs. 40. The revision was rejected by the learned Sessions Judge and so Jhagru comes up in revision to this Court.

(3.) I am of opinion that it cannot be said that Jhagru had received these stolen clothes knowing or having reason to believe them to be stolen property. His conduct indicates that he had no guilty conscience. His place of residence is close to the University. He had been wearing these clothes and it was on account of a friend of Ram Chandra having seen him put on the coat that Ram Chandra and others went to the applicant's house and questioned him about the coat which he did not happen to be wearing at the time On inquiry he at once produced the coat and informed them that he had purchased these things for Rs. 10 from Dwarka. Dwarka admitted in Court that he had sold these articles. Jhagru, applicant, stated in Court that Dwarka had told him that he had got these clothes from students as a reward. It appears that Jhagru felt satisfied at this statement and purchased the articles.