CHIMNA Vs. STATE

JUDGEMENT

(1.) THIS is a revision application by one Chimna alias Mohan son of Soban alias Bada, Daroga, resident of village Bawalwara, Police Station, Jawas, District Udaipur, who was convicted under Section 411 I. P. C. and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200/-, or in, default to undergo further rigorous imprisonment for one month, by the First Class Magistrate, Kherwara. The conviction and sentence were confirmed on appeal by the Sessions Judge, Udaipur.

(2.) THE prosecution case was that a theft took place in the house of Maji Sahiba of Bawalwara, Smt. Jumna Kaur, while she was away. The theft was discovered on her return from Bawalwara. She sent a report about it to her son Rawatji of Jawas, Shri Takhatsingh, on 12-2-51. This report was sent by Shri Takhatsingh to the S. H. O. , Jawas along with a list of stolen property on 15th February, 1951. The relations between Maji Sahiba and Rawatji, Who was her adopted son, were not cordial. Shri Takhatsingh suspected that no theft had actually taken place and his adoptive mother had really given the ornaments away to her daughter. After investigation, the S. H. O. submitted a final report in the case in which he expressed the opinion that it was doubtful whether any theft had taken place. Later on, Maji Sahiba wrote another letter Ex. D. 2 on 7th April, 1952 to the S. I. in which she mentioned that she had come to know that Pannalal and Amritlal Mahajans, who used to visit the Palace at Bawalwara, had a hand in the theft. There is no evidence that any action was taken by the police on this letter.

(3.) ON 22nd November, 1955 Head Constable Kanji Bhai PW 12 arrested Chimna applicant on suspicion at 11 p. m. outside a Dharamshala in Ahmedabad and upon search a gold pendant of a necklace, weighing about 20 tolas and studded with precious stones, was recovered from his pocket which a man of his means was not expected to possess. When the Head Constable asked him how he came by it, he said that his mother had sent it to him for sale at Ahmedabad and Chhaganlal Mahajan had given it to her.