RAMANAND TELI Vs. EMPEROR

JUDGEMENT

(1.) The two petitioners were convicted under Section 215, I.P.C., by a Magistrate of the First Class and their appeals to the Sessions Judge were dismissed.

(2.) The substance of the prosecution case was that the cycle of Kedarnath having been stolen, the accused tried to get Rs. 10 from Kedarnath as consideration for getting the cycle back for him. It was Bamanand who actually accosted the complainant, but) Moizuddin was with him, and the transaction is said to have been between the complainant and both the accused. Kedarnath haggled and would only pay Rs. 2 and in the sequel he did not get back his cycle. The case coming before a single Judge has been referred to a Bench for hearing as it gives rise to a point of law.

(3.) The first contention raised was that the accused may be themselves thieves, and in that event Section 215 should not be held to be applicable to them.