SUMER Vs. REX

JUDGEMENT

(1.) Sumer was convicted by the Temporary Sessions Judge of Hamirpur at Orai of the offence under Section 412, Penal Code, and was sentenced to six years' rigorous imprisonment.

(2.) A dacoity was committed at the house of Mahant Bhagwan Das of Banphara, police station Kotwali, Orai, in April 1916, and the dacoits had taken away gun No. 992 S. B. M. L. This gun was recovered from the possession of Sumer on 13th September 1946.

(3.) Then is no reason to dispute the finding of fact that the gun which was stolen by the dacoits was recovered from the possession of Sumer. I am, however, of opinion that the offence made out against the accused was under Section 411, Penal Code, and not under Section 412, Penal Code.