EMPEROR Vs. SAT NARAIN

JUDGEMENT

(1.) This is an appeal by the Local Government from an order passed by the learned Officiating Sessions Judge of Allahabad, dated 30 June 1930 oversetting an order of a Magistrate of the First Class who had convicted one Sat Narain under Section 380, I.P.C.

(2.) The prosecution in this case was initiated on a police-report made by one Venayak on 11 March 1930, in which he ha stated that certain gold and silver articles of jewellery and a silver lota of the total value of Rs. 283 had bean stolen from inside a box in his house the key of which used to be with his wife, Mt. Ram Kali, and that he suspected that the respondent Sat Narain and one Girja Brahman of Rampur, who used to come to his house, had removed these articles in collusion with his wife. A detailed description , of the alleged " stolen " property was given at the foot of the police-report.

(3.) With the exception of a ring, a necklace and a mohar the other articles alleged to be stolen were recovered from the possession of Jaggu, Tulsi, Ganga and Shoe Murat with whom they had been pawned by Sat Narain, and four articles from Mt. Jasodri with whom they had been pledged by Mt. Ram Kali between the months of Bhadon and Pus. There is evidence that Sat Narain had represented to Jaggu that the articles pawned with him were his property. There is also evidence that Sat Narain accompanied Mt. Ram Kali when she went to Mt. Jasodri to pawn the four articles mentioned above.