SHANGARA SINGH LADHA SINGH Vs. STATE

JUDGEMENT

(1.) THE facts of this case briefly are as under: On. the night between the 23rd and 24th of May 1961, a bullock of Hira Singh was stolen. He made a futile search for a coupie of days and ultimately lodged the report at Police Station Kotwali Kapurthala. The bullock was however, recovered from the house of Shangara Singh accused on the 24th May 1962 as a result of which Shangara Singh, the present petitioner along with Gurbachan Lal and Harnam Singh was challaned and sent up for trial. Shri Kuljit Singh, Bhalla, Magistrate 1st Class, Kapurthala, who held the trial, found the charge under Section 411, Indian Penal Code, proved only against Shangara Singh petitioner, convicted him accordingly and sentenced him to one year's rigorous imprisonment. The other accused were acquitted, vide his order dated the 29th March 1963. Feeling aggrieved against that order the petitioner went up in appeal which was dismissed by Shri Brijindra Singh Sodhi, Sessions Judge, Kapurthala, on the 23rd April 1963, hence this revision.

(2.) THE learned Counsel for the petitioner, however, submitted that even taking the prosecution case as correct, it cannot be said that the order convicting the petitioner in this case was justified. In this connection he drew my attention to the provisions of Section 114 of the Indian Evidence Act. Illustration (a) thereunder reads that the Court may presume that a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession. He also invited my attention to Section 411, Indian Penal Code, which runs as under: