GAJADHAR SINGH Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by Gajadhar Singh who has been convicted by the Special Judge of Saran appointed under, Special Criminal Courts Ordinance, 2 of 1942 for an offence under Section 412, Indian Penal Code, and sentenced to five years rigorous imprisonment. The case of the prosecution is that in the night of 1 January 1943, at about 11 P.M. several articles were stolen away by dacoits from the houses of villagers in, village Pilui, 7 miles off from Police Station Manjhi, and its adjoining village Dudhaila. On 8 January as the result of certain information, the Assistant Sub-Inspector searched the house of the appellant in the presence of two search witnesses, one of whom was examined as the last witness for the prosecution.

(2.) As a result of this search, which was made in the presence of the accused himself, a number of articles were recovered from a box the key of which was produced by the accused. Twenty-three articles which were recovered are described in the search list, Ex. 3. The first is a silver hasuli 2 katua, the sixth is a diamond cut chhatri cut pachua 2 pairs, and the 17 is a red coloured sari. The hasuli (Ex. 1) is claimed by Mt. Paudhari, the wife of Samrath Mahto, the hasuli (EX. 2) is claimed by Mt. Gharbharni, the daughter-in-law of Samrath Mahto, the sari (Ex. 3) is also claimed by Mt. Gharbharni, and the pair of pachua (Ex. 4) is claimed by Deoki Singh. The articles are said to have been taken away in the course of the dacoities from the houses of Samrath Mahto and Deoki Singh.

(3.) Before a Sub-Deputy Magistrate a test identification of the articles was held on 25 January.