Decided on July 12,1950

PAHALI DAS Appellant


Narasimham, J. - (1.) The four petitioners were convicted under S. 411, I. P. C. and sentenced to four months' rigorous imprisonment each by a 2nd class Magistrate, Bhadrak. Their appeal was dismissed by the District Magistrate and hence this revision petition.
(2.) During the night between the 2nd and 3rd April, 1947, some unknown culprits committed theft of a cash-box containing ornaments, cash etc., from the shop of the complainant (P.W. 1) who was then keeping a grocery shop at Dhusuri Hat. His evidence was that he went to sleep in the shop with the door open keeping the cash-box close to his feet and when he awoke at about 4 a.m. he found the box missing and then reported the occurrence to the police on 34- 47 at about 9 a.m. In the course of the police investigation the A.S.I. Sri Narayana Prasad Mohapatra (P. W. 4) tackled the four petitioners & questioned them. Petitioner Dhruba made a statement and took the police officer to his shop and produced currency notes to the extent of Rs. 390 from a crack in the wall of his shop. Petitioner Ankur took the police officer to a Nala near the Hat and produced a medal necklace (which was subsequently identified by the complainant as part of the stolen property) from a place in the bed of the Nala concealed underground. Petitioner Pahali took the police officer to a tank and brought out a cash-box (which was also identified by the complainant) lying concealed under water. Further he took the police officer to his house and produced cash of Rs. 300/- in currency notes from the thatch. Petitioner Touli made a statement to the police officer and then took him to a mango tree and produced two gold rings from a hole in the tree. These rings were also identified by the complainant (P.w. No. 1) as part of his stolen property.
(3.) On the aforesaid pieces of evidence the four petitioners were charged under S. 411, I.P.C. with dishonest possession of stolen property, namely, the currency notes, the medal necklace, two gold rings and the cash-box of the complainant.;

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