BADRI RAM DIDWANIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was tried along with one Gulli Sao on charges under Sections 411 & 457 of the Indian Penal Code. Gulli Sao was convicted on both the counts and given six months rigorous imprisonment under Section 411 and four months rigorous imprisonment under section 457 with a fine of Rs. 50/- in default further rigorous imprisonment for one month, the sentences to run consecutively He does not appear to have filed any appeal.

(2.) The petitioner was acquitted under Section 457 Penal Code but was convicted only under section 411, Penal Code with six months rigorous imprisonmnet and this was confirmed in appeal also by the court of appeal below.

(3.) The short facts of the case are as follows : At about evening time on the 27th March, 1964, the petitioner and Gulli were both seen by Jagdeo Prasad (P W 6) going on a rick shaw from Nathnagar side towards Sujaganj bazar in the town of Bhagalpur. On the rickshaw, there was a bundle of gunny bag containing some coils of rope. P. W. 6 suspected that the coils of rope might have been stolen from the Gola of Fakir Chand Gupta (P. W. 5), the Gola being situate in the town of Nathnagar. P. W. 6 therefore, hastened to inform P. W. 5 about it and, thereafter, P. W. 5 along with P. Ws. 3 and 4 rushed to Nathnagar Gulli and the petitioner were both found still on a rickshaw in the Nathnagar town and on the rickshaw was found a gunny bag containing some roils of rope. Some local persons, like, P. Ws. 1 and 2 also arrived. It is said that in the presence of P. Ws. 1 to 5 the petitioner and Gulli both confessed having entered into the Gola of P. W. 5 and stolen the coils of rope, which were found on the rickshaw.