MOHAN Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Mohan to challenge the concurrent finding of the lower courts, convicting him of an offence punishable Under Section 215 I. P. C. and awarding him the sentence of one year's R. I.

(2.) The concurrent finding of fact as recorded by the lower courts is not improper and can foe accepted as far as the present Revision is concerned. The finding was challenged before me on the ground that there existed enmity between Ganga Singh, complainant, and Mohan, applicant, suggesting thereby that Mohan could not think of demanding money for the return of the bullock. One can think of making money out of his enemies also. The prosecution case cannot, therefore, be disbelieved simply because relations between the complainant and the applicant were not cordial.

(3.) The established facts of the case are that on the night of the 5/6th of July, 1962, the bullock of Ganga Singh strayed from his house. He lodged a report of the loss of the bullock at P. S. Kotwali, Etah, on 6-7-1962 at 10 A. M., wherein he suspected Mohan and also Lala Ram for committing theft of the bullock. The same day in the evening Mohan, applicant, told Ganga Singh that the bullock could be handed over to him if he agreed to pay Rs. 180/. Ganga Singh arranged for the money and paid this amount to Mohan the next evening. After receiving the money, Mohan asked Lala Ram, co-accused, to go ahead and a little afterwards he himself took Ganga Singh and others, to village Nagla Moi situate at a distance of 1 1/3 miles, had a talk with Lala Ram co-accused, ana then told Ganga Singh that the bullock would be found tied to a tree. The bullock was thus found tied to a branch of a tree standing on an open land.