SATISH CHANDRA GHOSH Vs. RADHA BALLAV DALAL

JUDGEMENT

(1.) THE petitioners have come up to this Court in revision against their conviction and sentence of fine passed by Shri K.P. Datta first class Magistrate, Agartala for theft under Section 379, I.P.C. Their appeal No. 32 of 1960 before the Sessions Judge against the said conviction and sentence was dismissed.

(2.) THE case against the petitioners was that on 17.9.1956 they removed fish, in spite of protest by the respondent's care -taker P.W. 2, from a cei1 -tain tank in jote No. 17 which belonged and was in the possession of the respondent Radha Ballav Dalal by purchase under a Kabala dated 2.4.1955 from one Indoprova Devi. It was stated in the petition of complaint that the petitioners did so out of evil motive and greed. It was also stated in the complaint that the fish in the tank had been reared by the complainant after his purchase from Indoprova Devi and further that the value of the fish taken away will be about Rs. 50 to 60.

(3.) THE learned Magistrate discussed the prosecution and defence evidence and came to the conclusion that the tank was clearly in the possession of the complainant at the material time and further that the petitioners caught and removed fish as alleged. He therefore found them guilty under Section 379. The learned Sessions Judge went a bit further and said that the tank was in the possession of the respondent not only at the material time but ever since the date of his purchase from Indoprova Devi on 2.4.1955 and that the petitioners in a body caught fish from the tank in spite of the protest of the care -taker P.W. 2. He therefore concluded that the fish was dishonestly removed by the petitioners rendering them liable under Section 379.