HUKAM CHAND Vs. STATE

JUDGEMENT

(1.) THIS is a revision petition by Hukamchand against the judgment of the Sessions Judge, Jaipur District, dated the 25th January, 1954 confirming the judgment of the Railway Magistrate, Jaipur, of the 30th of November, 1953 by which the applicant was I. P. C. to two years' rigorous imprisonment.

(2.) THE prosecution case is that one Jagdish along with his sister Basanti was coming from Calcutta and he boarded the train which leaves Agra at 7 P. M. on the 22nd September, 1953. THE accused applicant also sat in the same compartment. At Mandawar Railway station while Jagdish and his sister were asleep, the accused applicant felt the comartment along with a box belonging to Jagdish. When the train whistled Jagdish fortunately woke up and found that the person who was travelling with him was missing and his box was not there. He at once got down and tried to search the accused. He found him near the Customs outpost along with his box. He informed the police constable on duty and got the accused arrested along with his box. THE accused was challaned by the police under sec. 379 read with sec. 75 I. P. C. to the court of the Railway Magistrate. After holding an enquiry the Magistrate framed a charge under sec. 379 I. P. C. and later framed another charge under sec. 379 read with sec. 75. THE accused denied having committed theft in his statement under sec. 342 Cr. P. C. but he pleaded guilty to the charge which was read over to him under sec. 379 read with sec. 75 I P. C. THE accused was then convicted on his plea of guilty and sentenced as stated above. On appeal, the learned Sessions Judge upheld the judgment of the first court.