ADHARGIR CHHOTEGIR GOSAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant Adhargir was convicted under Section 379, Penal Code by the Magistrate Second Class Amarwada, for the theft of a horse belonging to Jawaharlal (P. W. 1) and sentenced to four months rigorous imprisonment. His conviction and sentence were maintained in appeal by the Additional District Magistrate, Chhindwara.

(2.) THE prosecution case in brief is that a horse belonging to Jawaharlal (P. W. 1) was left for grazing on 10-6-1951. The animal was missing from that date. Lula (P. W. 2), who is a servant of Jawaharlal, searched for the animal for a week. During the search, he saw a dead horse from a distance and thinking it to be the one which was missing he informed his master accordingly. Subsequently in the month of September he found his master's horse with Sawlia in village Bhanaswada and reported to his master. During the investigation the horse was seized from Sawlia on 22-9-1951, vide seizure memo (Exhibit P. 4 ). Sawlia had informed that he had purchased it from Ramcharan for Rs. 110/ -. Ramcharan admitted to have sold this horse to Sawlia, but stated that he had purchased it from the accused Adhargir for Rs. 58/.- as per receipt (Exhibit P. 7 ). Ramcharan was also prosecuted along with Adhargir. He was convicted under Section 411, Penal Code by the Magistrate of the trial Court, but was acquitted in appeal by the Additional District Magistrate.

(3.) THE accused Adhargir denied that he stole this horse. He also denied that he sold it to Ramcharan.