LOKANATH PANDA Vs. STATE

JUDGEMENT

(1.) THE petitioner has been convicted Under Sections 380 and 457, I. P. C and sentenced to R. I. for four months and to pay a fine of Rs. 250, in default, to undergo R. I. for one month more Under Section 380 I. P. C. No separate sentence has been passed Under Section 457 I. P. C. There was a direction for return of the seized cash to the complainant.

(2.) ON 24-1-64 P. W. 6, son of the complainant (P. W. 11), borrowed Rs. 1000 from p. W. 9 of Sundargarb town From Sundargarh town P. W 6 came to his own village telijoro in the company of the accused. The accused is a resident of ex-State of narsinghpur. He carried on the business of a book-seller in the district of sundargarh. While he comes to the village of P. W. 11, he used to stay in his house. On the way from Sundargarh, P. W. 6 told the accused that he had borrowed Rs. 1000. The accused also was present while P. W. 6 handed over the cash to his mother. The amount was kept by the mother in a box in the bed room of P. W. 11. On 25-1-64 at about 5 p. m. P. W 6's younger brother's wife had labour pain. PW. 7, P. W 8 (a compounder) and the accused slept that night on the verandah in front of the bed-room of P. W 11. Sometime later P. W. 6 and his mother told the compounder that the lady, who gave birth to a child, was fainting. The compounder, P. W. 6 and his mother went to the confinement room of the lady in a separate courtyard intervened by other rooms to administer medicine and to give injection The bed room of P. W. 11 had not been locked up. Accused was all alone on the verandah near the bed room. The key of the box remained attached to the lock. On the morning of 26th the accused left the place. At about 8 a. m. some persons brought rice and paddy for sale. When P. W 6 went to bring money, he found the box lying open without being locked up and the entire cash of Rs. 1000 was missing P. W. 6 came to Sundargarh to inform the matter to his father who was then staving there Thev suspected the accused, who was taken to their house as the accused denied his complicity F. I. R was lodged in the meantime the accused made an extra judicial confession before P. Ws. 4 and 5 and other villagers that he had stolen the money He gave recovery of Rs. 675 from a hole in between the wall and the roof of his house of one Sajia Sahu where the accused was residing at Sundargarh. P. W 1 used to reside in the same house with the accused. He produced Rs. 207 before the police from the bedding of the accused. The accused subsequently made a judicial confession before a magistrate. First Class (P. W 10)The plea of the accused is that the complainant did not want him to stay in his house occasionally and has falsely implicated him. He admits that Rs. 207 was recovered from his bedding He claims the amount as the collection of dues from credit purchasers. He also admits to have given discovery of Rs. 675 to the Police from a hole of the wall. He, however, claims this amount as his own money obtained from D. W. 1 for purchase of books from Cuttack. He gave recovery to the police as the latter demanded of him to produce his own money wherever he had kept it.

(3.) NOBODY has seen the accused actually committing the theft. The following pieces of circumstances have been amply established by the prosecution evidence and the findings in that regard have not been assailed by the petitioner.