MAHABIR PRASAD GARODIA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner has been convicted by the learned Sessions Judge under Section 403 Indian Penal Code and sentenced to six months' rigorous imprisonment and a fine of Rs. 250/ - in default rigorous imprisonment for four months more.

(2.) THE petitioner was tried by the Magistrate under Section 411 Indian Penal Code and convicted and sentenced by the Magistrate under the said section. On appeal, the learned Sessions Judge found that the accused could not be convicted under Section 411 Indian Penal Code and thus alter -ed the conviction to one under Section 403 Indian Penal Code and reduced the sentence.

(3.) THERE are two things necessary before an offence under Section 403 Indian Penal Code can be established. Firstly, that the property must be misappropriated or converted to the use of the accused, and, secondly, that he must mis -appropriate or convert it dishonestly. In the present case, the finding of the learned Sessions Judge is that these bales of cloth were in the custody of the Railway and on a certain date they were seized from the godown of the petitioner.