KISHORE Vs. STATE

JUDGEMENT

(1.) THIS is a revision by Kishore against the order of the Sessions Judge of Bhilwara dismissing the appeal of the applicant against his conviction by a Magistrate of First Class.

(2.) THE prosecution story was briefly this. THEre was a burglary in the house of one Mangi Lal of Mandal-garh on the night between the 10th and nth of August 1950 and a good deal of property was stolen. It is said that on 8th of September 1950, the police tackled the applicant and at his instance recovered a box containing some of the stolen property. This box was found buried in the field of the applicant. Other persons were also prosecuted in this case but I am not concerned with them. THE evidence against the applicant was only about the recovery of this box containing stolen property from his field. THE applicant denied that any property was recovered at his instance. THE two courts below however, have accepted that evidence for the prosecution to the effect that the box containing the stolen goods was recovered from his field buried under-ground at his instance. THEre is no reason to dis-agree with the courts below as to this finding. But it may be mentioned that in cross-examination after the charge, one of the recovery witnesses, Fateh Singh, said that at the time of the recovery the applicant had said that he was grazing his bullocks and had seen Devia burying this property in his field and that he was going to point out that property. It may be mentioned that Devia was one of the persons who had been prosecuted and whose conviction was upheld by the Sessions Judge and who does not appear to have appealed.