LALOO KAHAR Vs. EMPEROR

JUDGEMENT

(1.) This isd an application for revision of orders passed by the Courts below convicting the petitioner of an offence under Section 411, Indian Penal Code. The petitioner was tried by a learned Magistrate of the Second Class upon this charge along with other persons. He was convicted under Section 411, Indian Penal Code, and sentenced to undergo rigorous imprisonment for six months. On appeal an Appellate Magistrate affirmed the conviction but reduced the sentence to three months rigorous imprisonment.

(2.) The case for the prosecution was that on the night of 9 January 1941, thieves had broken into the shop of one Gopi Lal and had stolen numerous articles including pieces of cloth. Investigation followed promptly and a number of persons were arrested including the present petitioner. In a search of his house on 12th January 1941, a locked box was found which was broken open by the Sub- Inspector. In that box, it was said, were pieces of cloth stolen from the shop of Gopi Lal on 9 January 1941.

(3.) The petitioner's explanation was that he had received one box and its contents in good faith from one Tulsi Kandoo who had confessed his guilt and who had been convicted of the theft. He stated that Tulsi Kadnoo was on his way to Calcutta, but he missed the train at Gaya station and had determined to go to Patna. According to the petitioner, he was asked if he would keep the box for Kandoo until he returned to Gaya. The petitioner after some hesitation agreed to keep the box, and it was kept. in his room at Gaya and was there when the police- search took place,