SAPATTAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Sapattar Singh, son of Sanmukh Singh, a resident of village Tabar, P. S. Nakur, in the district of Saharanpur. The applicant was convicted by a magistrate of the first class of Saharanpur for an offence punishable under Section 411, Penal code and he was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 100/- or, in default of payment of fine, to undergo two weeks' further rigorous imprisonment. Against his conviction and sentence the applicant filed an appeal in the court of the Sessions Judge of Saharanpur, who upheld the conviction as well as the sentence-Now, the applicant has filed this revision.

(2.) IT has been found by the courts below that three she-buffaloes belonging to the complainant, kundan, were stolen in the night bet-tween the 29th and the 30th September 1949; that on the 12th October 1949, Malkhan Singh, P. W. , saw one of the three she-buffaloes tied in the applicant's 'gher' and informed the police about it; and that the Sub-Inspector of Police recovered the she-buffalo from inside the applicant's 'gher'.

(3.) AFTER the theft was discovered an alarm was raised the same night and a search for the she-buffaloes was started but they could not be traced. No report of the theft was, however, lodged with the police until the 11th October 1949. As a result of the investigation which followed the recovery, the applicant was prosecuted under Sections 380 and 411, I. P. C. The magistrate acquitted him of the charge under Section 380 and convicted him under Section 411, i. P. C.