KUNJ BEHARI BANKA Vs. STATE

JUDGEMENT

(1.) These rules are directed against the Judgment of Mr. Darmodar Prasad, Addl. Ses. J. of Monghyr convicting the petnrs. of the charges under Sections 379 & 120B, I. P. C. & sentencing them to R. I. for two years each & also to pay amounts of fine.

(2.) According to prosecution case Babu Lal Agarwal had booked 74 bales of cloth from Jamalpore under two consignments of 22 & 52 bales each. The consignments were placed in wagon No. 38946H which was rivetted & sealed The wagon was attached to a goods train & taken to Kiul on 9-1-1949. From Kiul the wagon was taken to Lakhisarai by a pilot engine. It is stated that on 10-1-1919, the petnrs. having entered into a conspiracy to commit theft had gone to the goods shed & having tampered with the seal of the goods shed broke open the wagon & removed five bales of cloth from the consignment. The cloth was taken to the dispensary of Dr. Raja Ram which was opened by his servant Raghua & the cloth was stored in the inner room of the dispensary. The next morning Dr. Raja Ram having been appraised of the incident by Raghua made a report to the station master who in his turn informed the police. During the course of the investigation the dispensary was searched & three bales in addition to other cloth were recovered therefrom. Babulal Agarwal later identified the cloth as having formed part of the consignment which he had sent from Jamalpore.

(3.) On 31-1-1949 Karua (P. W. 3) made confession (Ex. 4). On 8-2-1949 Raghua (P. W. 2) made confession which was recorded by another Mag. (EX. 3). The trial of Karua & Raghua was split up in the Ct. of the Mag. They had been examined as witnesses in the present case in which petnrs. alone have been charged.