STATE Vs. JAGAN NATH SINGH

JUDGEMENT

(1.) THIS is an appeal by the State against the order of Shri Jagdish Narain Mishra, City Magistrate, Bikaner, by which he acquitted Jagan Nath Singh, opposite party, of an offence under sec. 457 of the Indian Penal Code. Jagan Nath Singh has been served with notice, and on the last date of hearing, namely, 26th of July, 1951, Shri D. P. Joshi appeared on his behalf. THIS case could not be reached on that date. Thereafter it was fixed for today; but neither Jagan Nath Singh nor his counsel, Shri D. P. Joshi, is present to-day. We have, therefore, heard Mr. Sumer Dan, who appears on behalf of the State, in support of the appeal.

(2.) THE case for the prosecution was briefly this. THE incident took place on the 28th of December, 1949, at about 8 P. M. Shri Madan Swaroop Assistant Government Advocate, Bikaner, was having his meal at the time along with his nephew, Parmatma Sharan. One man jumped over the western wall of his house from the side of Alak Math, where there is open land. After jumping over the wall, this man came through the passage, which is in the southern portion of the house. THEn he entered the court-yard, and from there got into one of the rooms, which is in the eastern portion of the house. It is said that some children saw him entering the room. THEse Children immediately raised an alarm that a thief had entered the house. THEreupon, Shri Madan Swaroop and his nephew immediately came out in the court-yard and chained the room, in which the stranger had entered, from outside. THEn they collected the mohallawalas, and the man was taken out of the room. That man was Jagan Nath Singh, opposite party. Information was then sent to the police, and when the police arrived, Jagan Nath Singh was handed over to them. THEreafter the opposite party was prosecuted under section 457 of the Indian Penal Code, and has been acquitted by the Magistrate; hence this appeal.