STATE Vs. MAGHA

JUDGEMENT

(1.) This is an appeal by the State against the acquittal of one Magha of an offence under Section 411 of the Indian Penal Code. We have heard the Assistant Government Advocate at length, and are of opinion that the appeal should be dismissed.

(2.) The prosecution story was briefly this. Sagar Mal, who was a co-accused with Magha, is the son of one Deep Chand. It is said that this Sagar Mal stole some ornaments, which were kept in a certain place in the house, while his father was away. After stealing these ornaments, he took them to Magha, who keeps a shop for groceries, and also works as a 'Sunar'. He is said to have given these ornaments to Magha, and took Rs. 3/- from him in return. When Beepchand returned home, his other children informed him that Sagar Mal appeared to be in funds. So he tried to make sure that nothing had been removed from the house, and when he was doing so, he discovered that ornaments worth Rs. 1575 had been removed. He then questioned Sagar Mal, who is said to have told him about his giving the ornaments to Magha. The matter was reported in the Thana. Later, on search, some of the ornaments were recovered from the shop of Magha. The remaining ornaments were recovered from the house of Deepchand itself, where they had been buried.

(3.) Both Sagar Mal and Magha were prosecuted, one under Section 380 and the other under Section 411 of the Indian Penal Code. Both of them are said to have made confession before a Magistrate, though both later retracted these confessions. The learned Magistrate acquitted both Magha and Sagar Mal. No appeal has been filed against the acquittal of Sagar Mal; but the State has filed this appeal against the acquittal of Magha.