GOKUL SANDHA Vs. THE STATE

JUDGEMENT

(1.) THE Petitioner Gokul Saudha is convicted under Section 411 I.P.C. and has been sentenced to pay a fine of Rs. 50/ - in default to undergo rigorous imprisonment for two months by Shri G.N. Singh, Magistrate, 1st Class, Ranpur by this judgment dated 9 -4 -1953.

(2.) THE prosecution case is that in the house of Madan Mohan Ram P.W. 6 there were burglaries on two occasions, once on 7 -10 -1950 and on the second occasion, on the 17th of December, 1950. First Information Reports were lodged in respect of the two occurrences, once on 8 -10 -50. (Ex. 1) and again on 18 -12 -50 (Ex. 1) in the Police station at Ranpur. The accused persons were put under trial under Section 457/380 I.P.C. in respect of the occurrences described in Ex. 1 dated 8 -10 -50. The present Petitioner indeed was not an accused in the said criminal case which ended in an acquittal. So far as the second First Information Report is concerned, a final report was submitted mentioning that the facts stated appear to be true but there is no evidence for further proceeding.

(3.) THE prosecution was lodged on the basis of nine articles (Exts. I -IX). It has been found by the trying Magistrate that Ex. I -VII having not been identified as stolen articles from Madan Mohan Ram, P.W. 6, he bases his conviction on the articles (Exts. VIII and IX) finding that the articles have been identified as stolen articles found in the trunk in possession of the present accused. At the time of admission, notice was taken out to show cause why the sentence should not be enhanced. We, therefore, allowed the learned Counsel to take us through the evidence of the case.