JAMIDAR Vs. STATE OF U P

JUDGEMENT

(1.) All the five revisionists had been convicted by the Magistrate for an offence under Section 379 I.P.C. and sentenced each of them to undergo R.I. for two years and a fine of Rs. 200/- and in default in payment of fine to undergo R.I. for 15 days. The learned Appellate court dismissed the appeal but reduced the sentence of imprisonment from two years to one year.

(2.) According to the prosecution, in the night of 12/13.1.1979 the accused persons had stolen the wood from the bank of river. The complainant carries to know about the said theft in the morning of 13/1/1979 when Goongey and Tirath had informed him that they had seen the accused persons carrying his wood. The complainant went to the accused and made enquiry, but they started quarrelling. Then F.I.R. was lodged by the complainant the next day i.e. on 13/1/1979 at 7.45 p.m. Subsequently on 1/2/1979 the said wood was recovered from the possession of the accused.

(3.) The accused pleaded not guilty and claimed ownership of the wood. In support of its case the prosecution examined Ganga Ram P.W. 2, Tirath P.W. 3, complainant Patiram P.W. 1 besides other formal witnesses regarding recovery and investigation. Both the courts below relying upon the prosecution evidence convicted and sentenced the accused as mentioned above.