KISHAN LAL Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against an order dated March 20, 1976 passed by the Additional Ses­sions Judge, Saharanpur, confirming the conviction and sentence recorded the applicant under Section 411, I.P.C.

(2.) AT the relevant time (August, 1973) Abdul Shakoor (P.W. 1) owned a tube-well with a transformer fixed therein. On the night of 4j5th August, 1973 a theft was committed at his tube-well and all the copper wire present on the body of the transformer was remov­ed therefrom. Several other things, namely, a Parat, a lota, a tumbler and a Katori (all made of brass) were also found missing. One bag having a cross-mark on it was also not found there. On the Lota and the tumbler the name of Abdul Shakoor had been engraved. Abdul Shakoor collected soma of his friends and left for Sarrafa market of Saharanpur in search of the articles which he had lost. In the Sarrafa market he visited almost all the shops and ultimately came across a person having a bag with a mark of cross on it. He identified that bag to be his. He also saw a person bargaining for sale of the articles contained in that bag. He left behind some of his friends, namely Chandrabhan and Chaman Lal to keep watch on the person who was trying to tell off his things and himself left for Kotwali to make a report. At the Kotwali he lodged a written report. There­after, he again left for Sarrafa market accompanied by police. There he saw the person (Bundu) who had been try­ing to sell off his things receiving some money from the applicant. The appli­cant had purchased the stolen articles from Bundu. The police caught Bundu and searched the shop of the applicant. From Bundu the police recovered Rs. 3571 - and from the shop of the appli­cant the police recovered all the arti­cles which Abdul Shakoor had lost. The applicant as also Bundu were taken into custody and a case was registered aga­inst them. Thereafter, the usual inves­tigation followed and eventually Bundu was sent up to stand his trial under Section 380, I.P.C. and the applicant under Section 411, I.P.C.

(3.) THE learned trial court found the case fully proved against the applicant as also against Bundu and it, therefore, convicted the former under Section 411, I.P.C. and the latter under Section 380, I.P.C. and sentenced both of them to 1-112 years R.I. each. The applicant went up in appeal against his conviction but in vain. (Now, he has come up in revision to this Court.