RAGHU NATH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, who is a truck driver, has been convicted under Section 414 of the Indian Penal Code and sentenced to six months' rigorous imprisonment.

(2.) ON the 9th May, 1959, the petitioner was found driving a truck beating No. B.R.F. 1822, which was stopped by an Assistant Sub -Inspector of Police, Syed Rizvi (P.W. 6), near Majid Chauk in Hajipur. Since he found it overloaded with goods, he made a search of the truck in presence of two search witnesses (P.Ws. 2 and 5) and recovered one electric fan (material Ext. I), bearing on it, an engraved initial 'I. E. W. - Himalaya'. Suspecting this fan to be a stolen property, P.W. 6 submitted a written report about the incident, on the basis of which a first information report was drawn up. After the usual investigation, charge -sheet against the petitioner under Section 441 of the Indian Penal Code, was submitted by S.M. Alam, the Sub -Inspector of Police, Hajipur.

(3.) MR . Umesh Chandra Prasad Sinha, Counsel for the petitioner, has raised a point that once the fan was not proved to be a stolen property and the petitioner was acquitted of the charge under Section 411, Indian Penal Code, he cannot be found guilty under Section 414, Indian Penal Code, which is to the following effect :