AMRITLAL Vs. THE RANGALAL AGARWALA

JUDGEMENT

(1.) THIS is a revision against the Appellate judgment of the Sessions Judge of Sambalpur maintaining the conviction of the Petitioner under Section 406 Indian Penal Code and the sentence of fine and imprisonment passed on him by a First Class Magistrate of Sambalpur.

(2.) THE Petitioner and his father (since dead) are goldsmiths residing in Sambalpur town. The prosecution case was that on 5 -9 -1953 the complainant (opposite party) Bajranglal Agarwala entrusted with them 10 bharis, 4 as and 5 ratis of gold for the preparation of some ornaments. The Petitioner and his father handed over to him a receipt (Ext. 1) in token of his having received the gold, and also promised to get the ornaments prepared within fifteen days. It was alleged that they neither prepared the ornaments nor returned the gold. After giving evasive replies on several occasions, ultimately the Petitioner and his father denied even having received the gold. On these allegations the two lower courts thought that as the receipt was signed by the Petitioner and his father jointly, there was entrustment of the gold to both of them, and as admittedly the gold was not returned, the Petitioner was guilty along with his father of an offence under Section 406 Indian Penal Code.

(3.) FOR these reasons the revision is allowed, the conviction and sentence are set aside and the Petitioner is acquitted.