NABI HUSAIN Vs. STATE

JUDGEMENT

(1.) THESE two criminal revisions, one by Nabi Hussain and the other by Khalil, arise out of the same trial and may be disposed of by a common judgment.

(2.) THE two applicants have been convicted under Section 411 I. P. C. and each of them sentenced to one year's rigorous imprisonment.

(3.) THE prosecution case, in short, was as follows: On the night between the 9th and 10th January 1964, a theft was committed in the house of one Mohammad Husain in village Amberpur, Police Station Bilaspur. Another theft was committed in the shop of one Shyam Lal in the town of Bilaspur on the night between the 19th and 20th April 1964. As a result of the investigation by the police some stolen property belonging to the first theft was recovered from the house of the applicant Nabi Husain on 13th January 1964. In the course of the second search made on 5th May 1964, stolen property in respect of the two thefts was said to have been recovered on the pointing of Khalil accused from a heap or straw lying near his house. The two applicants were prosecuted at one trial in respect of stolen property transferred in the course of the two thefts and were eventually convicted as said above.