Decided on April 11,1949

BHAGI Appellant
CROWN Respondents


- (1.) Three accused persons. Bhagi, Bholar and Moti were tried before the Sessions Judge, Chamba, the first two for offences under Sections 302 and 457, Penal Code and the third for offences under Sections 460 and 411, Penal Code. Bhagi and Bholar were found guilty under Section 460, Penal Code and sentenced to transportation for life. Moti was convicted under Section 411, Penal Code and sentenced to two years' rigorous imprisonment.
(2.) The date of the judgment of the trial Judge is 11-6-2004 S. Moti will have served out his sentence by now. He is not an appellant in this Court. Bhagi and Bholar have appealed separately against their conviction and sentence. But as the facts are the same and their conviction and sentence are under the same section of the Penal Code and the same point of law is involved, the judgment will govern both the appeals.
(3.) The prosecution story is that one Dehnju of the village Taretha, some ten Page 1 of 4 Bhagi and Anr. vs. The Crown (11.04.1949 - HPHC) miles from Chamba, was found dead in his house on 3rd Har, 2003. In the afternoon of the 2nd Har, 2003, all the three accused persons were aeen walking from Chamba towards Taretha. They were also seen returning to Chamba at dawn on 3rd Har 2003. Some ornaments were recovered from the persons of the accused. Other ornaments were recovered from those with whom they were pawned by the accused Moti. These ornaments were proved to have belonged to the deceased Dehnju.;

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