Decided on June 23,1983

Bejoy Mondal Appellant


B.C.CHAKRABARTI, J. - (1.) THIS revisional application is directed against an appellate judgment affirming an order of conviction and sentence under Section 411, I. P. C. passed in G. R. Case No. 314 of 1974 of the second court of Judicial Magistrate, Rampurhat.
(2.) ON the complaint of one Nidhu Ranjan Sarkar (P. W. 1) that a theft was committed in his tailoring shop on the night between 17 -7 -1974 and 18 -7 -1974 the case was started. In the complaint it was started that the miscreants had broken open the shop room and carried away two Usha sewing machines along with the wooden frames, one Usha deluxe table fan and some tailoring materials. In the F. I. R. the informant gave the names of 3 of the petitioners, viz., petitioners Nos. 1 -3 whom he suspected to be involved in the commission of the crime. The police after taking up investigation took the suspects as a also the petitioner No. 4 into custody. The articles, viz., 2 Usha sewing machines and the Usha table fan were said to have been recovered from inside the water of a tank at a place known as 'Dhenuburi Pukur' in mouza Kalishar near the town of Rampurhat. The prosecution case is that the articles were recovered in consequence of the statement made by the petitioners and the petitioners led the police to the place from where those articles were brought out. Six witnesses were examined for the prosecution including the I. O. There was no evidence to directly implicate the petitioners or any of them with the actual commission of theft. But relying on the testimony of recovery of the stolen articles from inside the water in a tank at the instance of the petitioners, the learned Magistrate found the petitioners guilty under Section 411, I. P. C. In fact, 4 other persons were also arrested by the police but there being no incriminating evidence against them, they were acquitted. The petitioners were mentioned to suffer R. I. for 10 months each.
(3.) BEING aggrieved the petitioners preferred an appeal being Cr. Appeal No. 28 of 1980. The learned lower appellate Court affirmed the findings of the trying magistrate and upheld the order of conviction and sentence.;

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