STATE OF MAHARASHTRA Vs. SUNDARLAL GOVARDHAN

JUDGEMENT

(1.) This is a reference made to this Court by the learned Sessions Judge, East Khan-desh, Jalgaon, for quashing the conviction of one Sundarlal Govardhan, who had been convicted by the Judicial Magistrate, First Class, First Court, Bhusawal, of an offence under Section 124, Bombay Police Act.

(2.) The Prosecution case was that upon some suspicion the police searched the house of Sundarlal and failed to find anything in connection with the offence which they were investigating. Sunderlal was, however, found in possession of one woollen blanket, five sarees, and two pairs of white canvas shoes. He was prosecuted for an offence under Section 124, Bombay Police Act.

(3.) His defence was that he had purchased these articles from various hawkers for the purpose of his wife and his two children who were at his native place. The learned Magistrate disbelieved this defence; disbelieved that he has got as a matter of fact either wife or children, convicted him and sentenced him to pay a fine of Rs. 100/- in default to undergo rigorous imprisonment for 20 days. The learned Sessions Judge has made this reference to this Court saying 'that in the first instance there was no reason made out for suspecting that the property was stolen property'.