BADRI VISHAL Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
STATE OF MADHYA PRADESH
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(1.) Both the applicants have been found guilty under section 379 of the Indian Penal Code and have been sentenced to pay a fine of Rs. 150/- each ; and in default, simple imprisonment for 45 days.
(2.) When the revision came before me for hearing arguments I had issued a notice dated 12-2-1969 to the applicants to show cause why their sentence should not be enhanced.
(3.) The facts of the case, in brief, are that Rajendra Bahadur Singh (P. W. 2), the Assistant Sub-Inspector of the Railway Protection Force, Katni, was on duty on the night of 5th May 1965 at the New Katni Junction. At about 12.20. A. M., when he reached the Despatch Yard, along with P. L. Yadav (P. W. 4), the Sub-Inspector of the Railway Protection Force, he found the two applicants coming with Jholas (cloth bags) in their hands. On search of the said Jholas, it was found that each Jhola contained one lantern of the Dipti Metal Works, Calcutta. On being questioned, the two applicants admitted before the two witnesses that they had taken out the lanterns after opening a wagon which was lying in the Yard. The two lanterns were thereupon seized and a report was lodged against the two applicants.;
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