BHARAT CHANDRA DAS AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THE two petitioners, Bharat Chandra Das and Barada Charan Das are brothers. They were convicted under Section 411, Penal Code, by Mr. B. M. Dam, S. D. O., Silchar, and were sentenced each to 6 months rigorous imprisonment. On appeal their convictions and sentences were maintained. They have petitioned for the revision of the orders of the Courts below.

(2.) THE petitioners were dealing in watches and fountain pens at Badarpur. The shop house of Bhupendra Nath Sen Gupta (P. W. 1) at Silchar was burgled on the night following 1st June 1948 and five new watches, one clock, three fountain pens and some cash and papers were removed. A report of the burglary was made on 2nd June 1948.

(3.) THE defence put forward by the petitioners was that all the five articles were purchased by them from Dinesh Chandra Kar for Rs. 100 and that they had no knowledge that the articles were stolen. The only basis on which the orders of the Courts below are assailed, therefore, is that it has not been proved that the petitioners knew or had reason to believe that the property which was recovered from their possession was stolen property.