NAKALI Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against an order dated 16-8-73 passed by Additional Sessions Judge Saharanpur confirming the conviction of the applicant Under Section 411 I. P. C. , but reducing his sentence from one year R. I. to six months R. I.

(2.) BALBIR Singh P. W. 1 is a resident of village Halwana, P. S. Fateh-pur, district Saharanpur. On or about 1-4-70 Balbir Singh had gone out to meet one of his relations in village Jandhara under P. S. Deoband. While he was away, someone broke open the lock put on the door of his Gher and stole one of his bullocks tied there. He searched for his bullock for days together, but could not trace it. He, therefore, lodged a report on 15-5-70 regarding the theft of his bullock. A case Under Section 457/380 IPC was registered by the police. S. I. Indrapal Singh was entrusted with the investigation of this case. On 16-5-70 Balbir Singh informed S. I. Indrapal Singh that he had received information that his bullock was with the applicants in village Dhalwali P. S. Gango. S. I. Indrapal Singh went to village Dhalwali, raided the gher of the applicants and recovered a bullock which was said to belong to Balbir Singh. That bullock was seized and was subjected to Khoonta test. It was left at a distance of about three furlongs from the house of Balbir Singh and it went to Balbir Singh's house. After investigation the applicants were sent up to stand their trial Under Section 411, IPC

(3.) THE applicants pleaded not guilty. They admitted the recovery of a bullock by the police from their Gher, but contended that it belonged to them.