NAGINA AHIR Vs. STATE

JUDGEMENT

(1.) Petitioner Nagina Ahir has been convicted under Section 411 of the Penal Code and has been sentenced to undergo rigorous imprisonment for two months and also to pay a fine of Rs. 25 or in default, to undergo further rigorous imprisonment for fifteen days.

(2.) There is a Government agricultural farm at Udwantnagar near Arrah. The prosecution case is that two bullocks, bearing Nos. A.S. 62 and A.A. 70, were stolen front the form on the night of the 27th/28th February. 1962. Information was lodged with the police; but no trace of the bullocks could be found. Subsequently however a bullock was found tied in front of the petitioner's house near Buxar on the 30th September, 1963. On being questioned, he said that he had purchased it from Neur Ahir For a sum of Rs. 400. The Assistant Sub-Inspector (P.W. 8) questioned Neur Ahir on the same date, and he said that he had sold the bullock to the petitioner. He also produced a receipt showing that he, in bis turn, had purchased the bullock from Faguni Mela. A case of theft was started against him. and the present case was started against the petitioner. The theft case against Neur Ahir has failed.

(3.) An Honorary Magistrate (P.W. 9) held a test identification parade of the re-covered bullock on the 6th November, 1963 Some witnesses then identified the bullock as one of the two bullocks stolen from the Udwantnagar farm. The chart is exhibit 5.