BALA Vs. STATE

JUDGEMENT

(1.) THIS is a revision by Bala Dangi against his conviction for offences under sec. 454 and 300 of the Indian Penal Code. He was sentenced to rigorous imprisonment for 6 months and 4 months respectively. He was also sentenced to pay a fine of Rs. 50/- on the first charge by the Magistrate, First Class, Pirawa, by judgment dated 5th of May, 1951. His appeal to the Court of Additional Sessions Judge, Jhalawar, was dismissed on 18th June, 1951.

(2.) ON the 10th of January, 1950,the complainant Jagannath and his people were away in their fields. Certain intruders entered into his house and stole a tin box containing some cash and ornaments of the value of over Rs. 600/ -. When Jagannath returned to his house he found that there was a hole in the kacha roof and that his box containing the valuables had been stolen. He reported the matter to Patel Narain who suspected Bala Balai and Bala Balai on being questioned implicated Bala Dangi. but the latter denied his implicitly whereupon a report was made at police station Himmatgarh on 20th January mentioning the details of the articles stolen and the alleged confession of Bala Balai and Bala Dangi before the Patel. The police after investigation challaned Bala Balai and Bala Dangi for offences under sec. 454 and 380 I. P. C. They also challaned Mst. Mehtab, mother of Bala Dangi, for having secreted the stolen property with intention to screen the offender from legal punishment under sec. 201 I. P. C. It has been alleged during the course of the proceedings that the portion of the stolen property was recovered on information supplied by Bala Dangi. The accused denied the charge, but the trial resulted in their conviction. They filed and appeal, whereupon Bala Balai and Mst. Mehtab were acquitted, and the conviction and sentence of Bala Dangi petitioner were maintained.