DEONANDAN JHA Vs. EMPEROR

JUDGEMENT

(1.) THE petitioners, who are brothers, were convicted under Section 411, I.P.C. Deonandan Jha was sentenced to six months rigorous imprisonment and a fine of Rs. 100 in default to undergo six weeks rigorous imprisonment; and Jainandan Jha was sentenced to three months rigorous imprisonment and a fine of Rs. 50 in default to undergo six weeks further rigorous imprisonment. THEir appeal was summarily dismissed and when they came up in revision before this Court the petition of Jainandan Jha was summarily dismissed. Jainandan is the younger of the two brothers but still he is in the position of the karta of the family. THE prosecution case is that on 1 December 1935 there was a theft in the house of one Badri Missir and amongst the articles stolen there was a woollen coat (Ex. 1). THEre was another theft in the house of one Girbardhari Das on 28 December 1935 and amongst the articles stolen was a torch (Ex. 2). As a result of information received by the police the house of the two brothers was searched and the two articles (Exs. 1 and 2) were recovered from the house. It has been urged on behalf of Deonandan that although on the finding the family was joint yet there is nothing to indicate that he had knowledge that the articles recovered were stolen properties. THE learned Magistrate, on the other hand, observed as follows: I am not prepared to believe that Deonandan had no knowledge that these articles are stolen ones inasmuch as from the evidence produced it appears that absconding members of the criminal tribes were found in his house, that suspicious articles like sendhmari were recovered from the same and it is too much to believe under these circumstances that Deonandan had no knowledge what his brother was doing.

(2.) HE therefore came to the conclusion that Deonandan must have knowledge. I am afraid, I cannot uphold this view. In the course of the inquiry it was Jainandan who claimed these properties as his own. Jainandan is the younger member of the family and unless he had a stronger personality one would not expect him to be the karta of the family in preference to the elder brother Deonandan. Deonandan was content with a secondary position in the family, and simply because his brother kept bad company it would not be safe to attribute knowledge to Deonandan beyond this: that members of the criminal tribes visited his brother. It is difficult to hold that his knowledge extended to every item of property received by his brother or brought to him by the members of the criminal tribes. There may be a strong suspicion against him, but for conviction in a criminal case mere suspicion is no proof of guilt. I therefore set aside the conviction and sentence passed upon the petitioner Deonandan Jha and direct that he be discharged from bail. The fine, if paid, will be refunded.