IMAMUDDIN KHAN Vs. EMPEROR

JUDGEMENT

(1.) The petitioner Imamuddin Khan has been convicted by a Magistrate exercising Second Class powers, under Section 411, I.P.C, and sentenced to four months rigorous imprisonment and to a fine of Rs. 50, in default to one month's further rigorous imprisonment. He was tried along with one Gati Koiri who has been acquitted by the trial Court.

(2.) The case for the prosecution is that a polar light belonging to the Hajipur Municipality was stolen away from its post on 24 June 1933 and an information was lodged at the thana. The police not finding any clue submitted a final report "true." On 20 December 1935, about two and a half years after the theft Imamuddin brought a polar light (Ex. 1) to the shop of one Bhaiyalal who is a municipal light contractor for repairs. It appears that Bhaiyalal and his brother Matadin at once recognized it as the missing municipal lamp which was stolen on 24 June 1933. When questioned by Bhaiyalal and Matadin the petitioner said that it was given to him by some one for repairs and then started to run away. He was arrested and brought before the Municipal Vice-Chairman. After the usual investigation a charge-sheet was submitted against Imamuddin and also against one Gati Koiri from whom Imamuddin alleged to have received the lamp for repairs.

(3.) The Courts below were of opinion that the identity of the stolen lamp was established in as much as it was identified by people who had occasion to handle the particular lamp and there was no reason why their story should be doubted. The appellate Court has not accepted the evidence of the witnesses examined by the petitioner to prove that he was a repairer of lamps and that the particular lamp was given to him by one Gati Koeri. The lower appellate Court remarks that if the petitioner was himself a repairer of lamps there was no necessity for him to bring the lamp to P.W. 1 for repairs. The learned Sub-divisional Magistrate has also relied upon the fact that when asked as to how it came to be in possession of the petitioner he started to run away.