SHYAM BAHADUR KOERI Vs. STATE

JUDGEMENT

(1.) This application is directed against an order of the Collector of Saran, dated the 9th February, 1966, directing the prosecution of the petitioners under certain provisions of the Indian Treasure Trove Act, 1878 (hereinafter to be referred to as the Act).

(2.) On the 5th April, 1960, some boys and girls were grazing cattle in a chaur (parti paddy land) and petitioner No. 1, Shyam Bahadur Koeri, aged about 7 years, was one of those boys. He came across some thing looking like gold and he is said to have dug the soil with a stick used for tending cattle and discovered a golden disc or plate. Thereafter, some of the graziers began to play with the disc with their sticks and it was broken. Sheosakal Bhar, an older boy, who was also grazing his cattle nearby, took away the disc from Shyam Bahdur, who went home and reported the matter to his mother, who is petitioner No. 2. She came to the field and took the disc from Sheosakal and got it tested by some goldsmith who reported the same to be made of gold. The Village Choukidar came to know about the same and informed about it to the Sub-Inspector of Guthani Police Station who came to the village on the 7th April, 1963, and recovered 5 broken pieces of the disc weighing 14 tolas and odd from petitioner No. 2. He seized the same and reported the matter to the Superintendent of Police who ultimately reported it to the Collector. It may be mentioned here that the 5 pieces, which were recovered by the police, could make only one half of the disc, and, therefore, the whole disc would have weighed 28 tolas and odd. The remaining portion of the disc was however, not traced.

(3.) The Collector examined one of the cowboys namely, Gotiri Shanker, who said that Shyam Bahadur found the disc after duggiug it from the earth. Witness Gulbadani, a girl grazing a cow did not see Shyam Bahadur actually digging out the disc from the ground but she saw it only after Shyam Bahadur had brought it from the chour. The other graziers and one Rajmangal Tiwary, who according to Gouri Shanker, was passing that way and who had seen the broken disc, were not examined. The other witnesses are the chaukidar, a blacksmith, a goldsmith and the Police Sub-Inspector. It appears that the disc weighing more than 28 tolas, must be an old one and it could not have been made in 1960 or thereabout If such a heavy disc were on the surface of the soil and visible to all then it is very probable that some passer by would have got it much earlier and there would have been no occasion for Shyam Bahadur to discover it. It is, therefore, very likely that this disc has been concealed by some body--probably a thief in order to dupe his companions--in the field, but he himself missed the track and ultimately on account of cattle grazing there, some portion of the earth was removed and a portion of the disc became visible and then Shyam Bahadur dug it out with his stick which he had taken for tending his cattle.