STATE Vs. KARAN SINGH GUJAR

JUDGEMENT

(1.) THIS is an appeal from the decision of the Additional District Magistrate Guna acquitting the respondent Karan Singh of an offence under Section 215, I. P. C.

(2.) IT was alleged by the prosecution that on 4. 10. 50 a report was lodged with the police by Godi and Bhallu that on 30. 9. 50 their twelve beefalos had strayed from a jungle where they had been taken for grazing that some two or three days after this report the respondent Karan Singh met Godi and Bhallu in a jungle and promised them to trace the buffaloes on a payment of Rs. 600/ -. It is said that accordingly after about ten or eleven days Karan Singh took Godi and Bhallu to a place in the jungle at about 3 in the morning and leaving the complainant at this place, he went away and returned shortly afterwards with two buffaloes and took from Godi and Bhallu Rs. 600/and that after the receipt of this amount, he again went away and returned with the remaining buffaloes. The learned Magistrate acquitted the accused on the ground that the prosecution had failed to prove as a positive fact that the buffaloes had been stolen and they had also failed to show that the accused did not use all the means in his power to cause the offender to be apprehended and convicted.

(3.) MR. Mungre learned Government Advocate for the State concedes that there is no evidence to show that the buffaloes had been stolen. But he contends that there is sufficient evidence to show that although the buffaloes strayed, some person committed criminal misappropriation in respect of them and thus deprived Godi and Bhallu of the possession of the buffaloes. In order to show that some person committed criminal misappropriation, Mr. Mungre relies solely on the circumstances that the accused took Godi and Bhallu to the jungle at night and that after taking them there, the accused did not point out to them the actual place where the buffaloes were, but himself went alone and returned first with two buffaloes, then demanded the amount of Rs. 600/- and again went alone and brought the remaining buffaloes. Mr. Mungre relies on the decision of the Allahabad High Court in - Yusuf Mian v. Emperor AIR 1938 All 440 (A ).