EMPEROR Vs. DAU SITARAM BALWANT SINGH

JUDGEMENT

(1.) THE non-applicant, Sitaram (p. W.5) lost a bullock which was worth about Rs. 150, in March 1947 while it was grazing and a report was duly made to the police. Sukhau, who was thereafter prosecuted, was convicted under Section 379, Penal Code, and bound, over under Section 562(1) Criminal P.C., by the First Class Magistrate, Drug, who directed the bullock to be returned to Mt. Fuiwati (p.w. 3) who had bought it from Sukhau for Rs. 80.

(2.) THE District Magistrate, Drug, has now-reported the case under Section 438, Criminal P.C., with a recommendation that the bullock should-be returned to its owner Sitaram from the possession of Mt. Fuiwati who was not entitled to it.

(3.) HERE , the position is otherwise. Sukhau had stolen the bullock and could not, therefore, legally sell it to Fulwati.