RATHA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the order passed by the learned Sessions Judge, Balasore affirming conviction of the petitioner for an offence under S. 380 of the Indian Penal Code (' I.P.C.' for short) and reducing the sentence of imprisonment to three months.

(2.) The prosecution case in brief was that in the early morning of 25-7-1973, P.W.1 (informant) found that a pair of bullocks belonging to him had been stolen from his cowshed. He went in search of them and found one head of bullock near his village. He went in further search of the other bullock along with P.Ws. 2 and 3. In course of search he learnt at village Ranital that the villagers of Mundamara had detained a person on the suspicion that he had stolen a head of bullock. He went to village Mundamara and found the missing bullock belonging to him. He was also told by P.Ws. 4, 5 and 6 belonging to village Mundamara that the petitioner was taking away the bullock and so he was detained. P.W. 1 thereafter brought the petitioner, as well as, the bullock to Bhadrak Police Station and lodged F.I.R.(Ext.1). In due course charge-sheet was submitted against the petitioner for having committed an offence under S. 380, I.P.C.

(3.) The defence of the petitioner was that the bullock was being taken by some other person. The villagers of Mundamara could not catch hold of that person, but instead, detained him as he happened to pass through the village immediately after the escape of the real thief.