SHEO DAN Vs. PIR DAN

JUDGEMENT

(1.) THIS case has been referred to a larger Bench in the following circumstances:

(2.) A she-camel with a young camel belonging to Sheo Dan petitioner disappeared, but somehow found their way to a cattle pound where after some time they were auctioned by the authorities and purchased by one Arjan who in turn sold them to the respondent Pir Dan along with another young camel to which the she-camel had given birth. After that Pir Dan sold the she-camel and the younger offspring to Bhagwana from whose house they somehow or other found the way to the house of Sheo Dan.

(3.) THE latter reported the matter to the police with the result that Pir Dan was prosecuted under Section 411, Indian Penal Code. The trial Magistrate acquitted him and at the same time passed an order under Section 517, Criminal Procedure Code directing the return of the she-camel and elder offspring to Sheo Dan and the younger offspring to Bhagwana.