AHIBARAN SINGH Vs. STATE

JUDGEMENT

(1.) AHIBARAN Singh and Gokaran were convicted by a Magistrate of the first Class, Hardoi, under section 411, Penal Code, and sentenced to nine months' rigorous imprisonment each. An appeal preferred by them was dismissed by the learned Sessions Judge of Hardoi. They now come up in revision.

(2.) THE prosecution story as held established at the trial was as follows:

(3.) TWO consignments of 'kattha' were despatched from Najibabad by the firm Babu Ram Suresh chander. One of these consignments was intended for Shahganj and the other for Jaunpur. The consignment for Jaunpur consisted of two packages weighing 2 mds. , 17 seers while that intended for Shahganj consisted of five packages weighing six maunds. The railway man at the west Cabin of Karwa Station noticed on the night between the 28th and 29th April, 50, that the door of one of the vans in the goods train, which had passed his cabin, was open. He informed the Station Master who got into touch with the next station. When the train stopped at Balamau, about three stations from Karwa the packages in the van, whereof the door was found open, were checked. There was a shortage in the weight in each of these consignments. The next morning the two present petitioners were found selling kattha in Hardoi railway bazar. While the two petitioners were engaged in settling the rate with Ram Ratan a dealer in 'kattha' in Hardoi railway Station bazar, a constable came and interrogated them. They gave some explanation but when questioned further, they attempted to run away and were caught. They were in due course sent up for trial.