BISWANATH SATPATHY Vs. STATE

JUDGEMENT

(1.) ON the night of 17-5-68 some unknown culprits committed theft in the house of the petitioner and removed cash amounting to Rs. 2081-00 including some G. C. notes as also some prize-bonds. F. I. R. being lodged by the petitioner, P. W. 4 the officer-in-charge, Sadar Police Station, registered a case. In course of investigation he arrested three of the accused persons who are said to have given recovery of a sum of Rs. 1307 and also two prize-bonds. After charge-sheet, the accused persons were sent up for trial for offences under Section 380, Section 411 and Section 457, Indian Penal Code.

(2.) THE plea of the accused was one of a denial.

(3.) THE trial court acquitted accused Bharat Bhoi, but convicted the other two, viz. Jai Bhoi and Bai alias Bihari Bhoi under Section 411, Indian Penal Code and sentenced them to undergo R. I. for one year each and directed the recovered property to be returned to the lawful owner.