BALI NATH AND THREE ORS. Vs. THE STATE

JUDGEMENT

(1.) THE four Petitioners were convicted under Section 411 of Indian Penal Code and each was sentenced to undergo rigorous imprisonment for nine months. Their convictions and sentences were confirmed in appeal by the learned Additional Sessions Judge, Puri.

(2.) THE Petitioners were tried for offences punishable under sections 457, 380 and 392 of the Indian Penal Code, but were acquitted of the said offences and were convicted by the trying Magistrate under Section 411 of the Indian Penal Code.

(3.) AS stated already, the trying Magistrate acquitted the accused persons on the charges for offences under sections 475, 380 and 392, Indian Penal Code, but he convicted them under Section 411 of the Indian Penal Code. Some of the articles were recovered from a public place like a paddy field on the information given by fadu and Kela, but they cannot be made liable for this as this place is not in the exclusive possession of those persons arid there is a possibility that somebody else might have concealed the property there to the knowledge of the accused persons.