RUPLAL DUSADH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application in revision preferred by Ruplal Yadav of village Pachrukhi, police station Khizirsarai, district Gaya, who has been convicted of the offences under Sections 380 and 457, Indian Penal Code, by a Munsif Magistrate of the first Class at Gaya and whose appeal has been dismissed by the Sessions Judge of Gaya with certain Modification in the sentence awarded by the trial court. The trial Court sentenced the petitioner to undergo rigorous imprisonment for six months and to pay a fine of Rs. 100/ - under Section 457, Indian Penal Code, and awarded no separate sentence under Section 380, Indian Penal Code. The sessions Judge, while upholding the convictions, has knocked off the sentence of fine and has reduced the sentence of rigorous imprisonment from six months to three months.

(2.) At the time of the admission of the application, a rule for enhancement of the sentence was issued, by this Court. Accordingly, we have heard learned lawyers on point of fact as also on point of law.

(3.) It appears that Rambhajan Singh of village Pachrukhi, where the petitioner also resides, lodged a first information at Khizirsarai Police Station, about 11/2 miles away, at 4 A.M. on the 11th January, 1964, alleging that at about 2 A.M. he woke up on hearing the hulla raised by the female inmates of his house and when he went inside the female apartment, he learnt from his wife and his brother's wife that the petitioner had committed theft of several articles from his house and that he has been seen running away with a box in his armpit. He also found a sendh out by the side of the entrance door. The officer -incharge (P. W. 12) instituted a case on the statement of this informant and conducted the investigation. After the completion of the investigation, he however, submitted final report on the 7th February, 1964. The informant had, in the meantime, filed a protest petition before the Subdivisional Magistrate, Gaya on the 25th January, 1964 and had been examined on solemn affirmation on the same day by him. The subdivisional Magistrate, however, had postponed the issue of process till the 11th February, 1964 with an order to the effect that this protest petition should be considered along with the record of the G.R. Case. He, however, considered the matter on the 10th March, 1964 along with the final report which had been submitted by the investigating officer and he found that on the allegations made on the protest petition along with die police records, a prima facie case under Section 457 read with Section 380, Indian Penal Code, had been made out. Accordingly, he directed the investigating officer to submit chargesheet, by the 31st March, 1964 and on receipt of the chargesheet, he took cognizance and transferred the case to the court of Shri M.A. Siddique a Magistrate of the 2nd Class, for disposal. Subsequently, on the transfer of this Magistrate the case was transferred to the file of Shri L. Charan, Munsif Magistrate, 2nd class and later on, to the file of Shri G.N. Choubey Munsif Magistrate, 1st class, with the results noted above.