UDHO SINGH Vs. EMPEROR

JUDGEMENT

(1.) The petitioner Udho Singh has been convicted under Section 411, Indian Penal Code and sentenced to four months rigorous imprisonment. The rule in this case was issued by Shearer J., on 3 July 1941.

(2.) Udho was tried along with Ramkishun Dusadh and Mt. Ahlo. Ram Ramkishun though convicted has not moved this Court or the lower appellate Court and Mt. Ahlo, who is Udho's mother, has been acquitted. On 10 January 1941, there was a theft in the house of one Benarsi Lai who lodged a first information at the police station Teghra. Although he mentioned the articles that were stolen from his house, he did not mention the name of any accused. The assistant Sub-Inspector when he came up for investigation was supplied with a supplementary list of stolen articles, Ex. 4. Exhibit 5 is the search list of the articles recovered from the house of Ramkishun Dusadh and Ex. 6 is the search list of articles recovered from a house belonging to Udho Singh. The articles recovered from the house of Udho Singh are Exs. 7 to 22 consisting of the upper part of a grinding mill and 18 pieces of saris and articles of different colour. These articles were found behind a granary on the eastern osara of an east facing house which belongs to Udho Singh. That these articles that were recovered belong to Benarsi Lal admits of no doubt.

(3.) In fact they were recovered from behind the granary in a dilapidated house of Udho Singh. The whole question to decide is whether it could be held that they were recovered from the possession of Udho Singh and that Udho Singh knew that those things were there.