DEWA KALU BALAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner was tried by the Magistrate First Class Agar under Section 215 of the Penal Code for having taken Rs. 200/- from Gangaram whose buffaloes had been stolen but not doing his all to get the thieves convicted.

(2.) HE was sentenced to suffer Rule I, for one year. The conviction and sentence have been maintained by the Additional Sessions Judge, Shajapur.

(3.) THE prosecution case was that two buffaloes belonging to Gangaram were stolen from his house. He went in search for them. He received information that the buffaloes had been seen with Dewa Balia (petitioner ). He was, therefore, contacted. He agreed that the buffaloes would be restored to Gangaram provided he was paid Rs. 200/ -. This took place soon after the theft which itself had taken place on the night between the 29th and the 30th November 1956. The agreement between Gangaram and Dewa Balia was arrived at in the morning of November 30, 1956. The amount was paid to him thus; Rs. 175/- paid in cash and one armlet (Bajuband) valued at Rs. 25/- was delivered. On 1-12-1956, Dewa Balia restored the buffaloes to Gangaram in a jungle. Along with the petitioner, Dewa Bagri, Shankar and Amar Singh were also tried, the latter three for the offences under Section 380 of the Penal Code. There was a joint trial of all the four accused above-named. However the other three were acquitted and the petitioner Dewa Balia alone was convicted. Shri Atal, learned counsel for the petitioner has attacked the prosecution evidence as unreliable. In my opinion, there is no substance in this contention. The learned courts below have rightly held on the basis of the evidence of Gangaram (P. W. 2), Hukum singh (P. W. 4) and Rod Singh (P. W. 6) that the appellant agreed to restore the buffaloes in exchange of Rs. 200/- and that be took them to a jungle where the cattle were actually restored to the possession of Gangaram. Shri Atal could not point out anything to persuade me to interfere with that finding of fact.