NAZAR ALI AND ANR. Vs. STATE

JUDGEMENT

(1.) NAZAR Ali and Kaluwa alias Kallu have preferred this revision against the Judgment and order passed by the learned Additional District Judge, Moradabad. Nazar Ali applicant was convicted under Sections 411 and 215, IPC and was sentenced to one year's R. I. on the first count and six months' R.I. on the second count. Kallu, applicant was convicted only under Section 411, IPC and sentenced to one year's R. I.

(2.) THE case against the applicant was that on 24th October, 1968 one Kallu, son of Ghulam Qadar, resident of village Barbala, Police Station Moondha, district Moradabad was staying in his Gher smoking his Hukka. The two applicants, who belong to another village, reached there and their attention was attracted by the two buffaloes of Kallu, son of Ghulam Qadar and they remarked that the buffaloes were quite good. That night Kallu slept inside his Gher after tethering the buffaloes outside. About midnight Kallu, son of Ghulam Qadar was awakened by the barking of dogs and then he found that the two buffaloes, which he had tethered outside his Gher, were missing. He raised an alarm, whereupon some other persons of the village collected and they went in search of the buffaloes. When they reached village Rampur they saw Nazar Ali, applicant who had a reputation of being a thief of cattle. They told Nazar Ali about the theft of the buffaloes. Nazar Ali demanded Rs. 800/ - for the return of the buffaloes. Kallu, son of Ghulam Qadar arranged for the money and the next day at about noon one Jumma arrived and a sum of Rs. 750/ - was given to him. Jumma then told them that the buffaloes would be found in the evening in Rampur Bheema. So that evening Kallu, son of Ghulam Qadar went to the place indicated and he found his buffaloes there in a grove. At that time Jumma returned a sum of Rs. 130/ - to Kallu and told Kallu not to lodge a report. However, on the advice of an M.L.A. Kallu lodged a report, which resulted in the prosecution and conviction of the applicants.

(3.) BUT the evidence, which has been believed by the trial Court as well as the appellate Court, establishes that Nazar Ali offered to get the buffaloes restored. There can also be no doubt that Nazar Ali must have known that the buffaloes were stolen property and, therefore, his demanding gratification to help Kallu, son of Ghulam Qadar to recover his buffaloes without making any attempt to get the person who had stolen the buffaloes or the person who was retaining them to be prosecuted and convicted clearly amounted to an offence under Section 215, IPC. So, I am of opinion that the conviction of Nazar Ali, applicant under Section 215, IPC was correct and must be maintained.