BIRI SINGH Vs. STATE

JUDGEMENT

(1.) Applicant along with two others was convicted by a Magistrate First Class for an offence u/S. 380 of the IPC and each of them was sentenced to one year's rigorous imprisonment. On appeal, the conviction and sentence of the applicant were affirmed but other two were acquitted.

(2.) According to the prosecution, two bullocks belonging to Brijendra Pal Singh (P.W. 1) were stolen away in the night of 10/11th of February, 1967 from his Kotha. He discovered the theft on the next morning and proceeded on their search. In the way, he was informed that some persons of his village had been seen driving the bullocks towards a particular village. Brijendra Pal Singh accompanied by some of his co -villagers arrived near the house of the applicant and saw the bullocks inside his Kotha. He immediately informed the police and the bullocks were recovered from the house of the applicant in the presence of the witnesses.

(3.) At the trial, applicant pleaded not guilty and denied the recovery of bullocks from his house and possession.