RAM NATH Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against an order of the learned Temporary Civil and Sessions Judge Varanasi who upheld on appeal the applicant's conviction and sentence of one year's rigorous imprisonment under Section 379, IPC as recorded by a Magistrate First Class on 23rd of July 1969.

(2.) THE prosecution story maybe stated briefly. Dr. Rishi Ram Sharma is a resident of district Karnal in the State of Punjab. He is an eye specialist and holds his camps at different places for catering medical needs of persons suffering from eye trouble. In the winter of 1961 -62 he held his camp in a village in the district of Arrah in the State of Bihar. Arrah being contiguous to the district of Varanasi, after close of the camp he came to Varanasi On 2.3.1963 Dr. Sharma accompanied with his wife Smt. Ram Singari, his compounder Kashi Nath and his servant Rajpal went for a bath in the Ganges. The party first went to Lalita Ghat, but as it was dirty, the applicant who met them there asked them to proceed ahead to Mirghat where surroundings were cleaner. Accordingly Dr. Sharma and his party accompanied by the applicant came to Mirghat. There Dr. Sharma took out his Jersey which contained currency notes of Rs. 1400/, a wrist watch, a fountain pen a cigarette lighter, a thermometer and some papers and handed it over to Kashi Nath. He took his bath' awl while he was changing his dhoti, he saw the applicant suddenly snatching away jersey from the hands of Kashi Nath and running away. He was chased by Dr. Rishi Ram Sharma and the other witnesses, but he entered the house of Nand Lal who bolted the door from inside. Nand Lal, when questioned, informed the chasers that none had come to his house. Dr. Sharma then returned back to Mirghat and these lie was informed by the people that the person who had run away with his jersey was Ramnath applicant Dr. Sharma wrote out a report and lodged the same at the police station Dasasewamedh at 12.45 P.M. on the basis of. which a case was registered and investigation followed. 3. The applicant was arrested on the same day at 1.30 P.M. and on a search of his house currency notes worth Rs. 316/ - were recovered from a locked box out of which one of the note of Rs. 10/ bore a stamp 'CLT'. He was thereafter sent up for trial under Section 379 IPC. At the trial the applicant pleaded not guilty to the charge. He admitted the recovery of the currency notes but asserted that they belonged to him and that he had been falsely implicated in the case on account of enmity.