GIRDHARI Vs. STATE

JUDGEMENT

(1.) THESE are two applications for revision one from Jail by Girdhari and the other by the three applicants through their counsel, against their conviction under section 379 and a sentence of six months rigorous imprisonment and a fine of Rs. 20/-each by the learned Sub Divisional Magistrate, Dausa. As they arise out of the same judgment, they are being disposed of by one judgment. The three applicants went in appeal to the Court of the Session, Jaipur District, but it was dismissed by the learned Additional Sessions Judge. Jaipur District, by the judgment dated 4-21958.

(2.) ACCORDING to the prosecution, there was a decree of Chanda Koli against Bhura koli of village Pilwa, for the sum of Rs. 433-2-0 in the Court of Munsiff Dausa. The decree-holder applied for execution and a warrant of attachment was issued for the attachment of moveable property by the execution Court. This warrant of attachment is Ex. P. 1 on the record of the case and is dated 1-10-1955. The Nazir of the Munsiff's Court Shri Mahadeo Prasad (P. W. 1) along with two Court peons, namely Wazir Khan P. W. 3 and Kalyana in the company of the decree-holder chanda went to the spot and attached two bullocks, two buffaloes, one calf, one buffalo calf and one cow as per attachment memo. , (Ex. P. 2) dated 8-10-1955. The prosecution case is that after the attachment, the Nazir called upon the applicants to execute a supurdnama in respect of the attached property but they refused to execute any. On the other hand, they untied the attached cattle and drove them towards river. The Nazir lodged a report at the Police Outpost Santhal on 8-10-1955 and it is Ex. P. 3, on the record. He also reported the matter to the munsiff. The case was challaned under Section 379, I. P. C. by the police, Dausa, against the three applicants as well as two women Mst. Naraini and Mst. Bhaga in the Court of the Sub Divisional Magistrate, Dausa.

(3.) THE prosecution examined Mahadeo Prasad Nazir, hereinafter to be referred to as the Nazir and the Court peon Wazir Khan and the decree-holder Chanda, besides a few other witnesses of whom Nanga came forward as one of the eyewitnesses. All the accused denied the charge. They pleaded that they were not present at the time of attachment, nor did they untie the cattle in question, learned trial Magistrate was not satisfied that the offence was brought home to the two women Mst. Bhaga and Mst. Naraini but he found the three applicants guilty of an offence under Section 379, I. P. C. and sentenced them, as stated above.