RAM PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) RAM Prasad, Nathoo Lal and Badri were convicted by a Magistrate First Class under Section 380 I.P.C. and sentenced to one year's rigorous imprisonment and Rs. 20/ - as fine each. In default of payment of fine, each of them was ordered to undergo rigorous imprisonment for a period of one month. Their convictions and sentences were affirmed on appeal by the learned Sessions Judge of Pilibhit. Hence they all came up in revision to this Court. The revision of Ram Prasad and Nathoo Lal was, however, dismissed summarily and their case is, therefore, not before me.

(2.) ACCORDING to the prosecution, in the night of 17/18th October, 1961, a burglary was committed in the house of one Ram Dulaiey in village Bithaura Kalan in which his ornaments were stolen away. A report of the occurrence was lodged on 18.10.1961 at police station Kotwali at 2 -20 in the afternoon on the basis of which a case was registered and investigation followed.

(3.) LEARNED counsel for the applicant has argued that as the articles were recovered from an open field and from a pond which was accessible to any member of the public, it cannot be held in law that they were in exclusive possession of the applicant or that he had kept them there. Learned counsel argues that in this view of the matter the conviction of the applicant under Section 380 I.P.C. is not sustainable.