BALYA Vs. STATE

JUDGEMENT

(1.) THIS is a revision petition on behalf of Balya against the judgment of the additional Sessions Judge of Jhalawar of 18-7-1958 confirming on appeal the judgment of the Magistrate First Class, Jhalawar, convicting him under Section 379 read with, Section 75 of the Indian Penal Code and sentencing him to one year's rigorous imprisonment and a fine of Rs. 300/- or in default three months further rigorous imprisonment.

(2.) BRIEFLY put, the prosecution case was that on 16-5-1957 at about 7 or 8 a. m. Harisingh, while he was purchasing a ticket for going to his village in a bus, saw a hundred rupee note falling down from his pocket in two parts. He picked up me pieces of the currency note and felt his pocket in which he had put currency notes of the valuable of Rs. 1,000/ -. To his surprise, he found his pocket cut underneath, with the result that all his money was found missing. He raised a hue and cry and the accused was instantly caught by Kalian, a bystander. The accused at that time was carrying currency notes in his hand. He was taken to the Police Station, Patna by Bherusingh, a police constable and Kalian. The complainant Harisingh also followed them. A report was lodged of the occurrence and the police recovered currency notes of the value of Rs. 900/-from the possession of the accused. The accused was challaned by the police to the court of the Magistrate First Class, Jhalawar. The accused did not admit his liability and stated that the currency notes were put in his hand along with a blade of safety razor and he was thus implicated in this case. The Magistrate, after holding a trial, found the accused guilty on the basis of the evidence of Harisingh, Kaluram, kallan and Bhanwarsingh, and the circumstance of there being cuts on some of the notes recovered from the possession of the accused similar to the one found on the two pieces of the currency note produced by Harisingh. The learned magistrate held the accused guilty, as noted above.

(3.) ON appeal, the finding of the first court was upheld by the learned Additional sessions Judge, Jhalawar. The accused has come in revision to this Court.