BHASKAR CHANDRA SAHU Vs. STATE

JUDGEMENT

(1.) THIS is a revision against an appellate judgement of Sri S.K. Patro, Sessions Judge, Mayurbhanj -Keonjhar, in Criminal Appeal No. 16 -M of 1966, maintaining the conviction of the petitioner under Section 457 I.P.C., and the sentence ? of two months' rigorous imprisonment and a fine of Rs. 50 passed on him by the Sub -Divisional Magistrate, Kaptipada.

(2.) THE prosecution case, in short, is that on 10.9.1965, at about midnight, the petitioner was found concealing himself underneath a bench inside a room of the house -of the informant Kailash Chandra Das (P.W. 4), with the intention of committing, theft of Rs. 200 which was collected the -same evening by the informant from different persons in the bazar to the knowledge and information of the petitioner. On the night of the occurrence, P.W. 4, after having bolted the doors of his rooms, slept on the inner verandah of his house with one of his children, and at about 1 A.M. when he went inside the room to get a. Chadder for his child, he detected the petitioner concealing himself underneath a bench in the said room. He caught hold of the petitioner, raised an alarm and kept him tied with a rope inside his house. On hearing the alarm, some neighbours including some of the P.Ws. arrived at the place. Very soon thereafter, at 2 -45 A.M. in the night, information about this matter was lodged at the police station by P.W. 4.

(3.) MR . Patnaik, the learned counsel for the petitioner contended that the findings, of the Courts below are vitiated as they have been influenced by certain illegal and unwarranted presumptions and inferences drawn by the said Courts. In support of his contention Mr. Patnaik drew my attention to the inferences and presumptions drawn by the Courts below as follows