KOTI DARBAR Vs. RAM CHAND
LAWS(HPH)-1949-7-1
HIGH COURT OF HIMACHAL PRADESH
Decided on July 11,1949

KOTI DARBAR Appellant
VERSUS
RAM CHAND Respondents

JUDGEMENT

- (1.) UNDER Section 24 of the Koti State Courts Act. corresponding to Section 417, Criminal P. C. , the Koti caber directed the Public Prosecutor to present an appeal to the Court of the Chief Judicial Officer at Kasumpti against an order of the Magistrate, First Class, Sanjauli (Koti State) dated 21st December 1946, acquitting the respondent, Earn chand, of an offence Under Section 411, Penal Code, Ad appeal was accordingly presented and was pending in the Court of The Chief Judicial Officer at Kasumpti.
(2.) BY virtue of the Notification No. J-79-I5/48, lated 14th January 1919, this appeal has been transferred to the Judicial Committee for disposal.
(3.) ON 8th October 1945, the manager of a Hotel in Simla reported to the police that several iheffca had taken place in the hotel during the light of 7th October 1945. On 9th October 1945, he respondent was arrested by the Simla police on suspicion. On 11th October, the respondent vas taken to Sanjauli in Eoti State for discovery of stolen articles. It was alleged by the prosecution that the respondent, accompanied by Sardar Sahib Singh (p. w. 8), Inspector of Police, Sanjauli, 13 ardac Pritam Singh (P. W. 1) Sub-Inspector of Police, Sadar, Simla and one Amar Nath (p. w. 5) Simla, went to the shop of one Raja Ram, The respondent then went into the shop and brought out a bundle, sewn in cloth and handed over to the police in the presence of Amar itfath and Lala Hansraj (brother of Raja Ram ). :3e then took the party to another Bhop of one ala Jagat Ram. He went in and brought out gunny bag, inside which four bundles were found. On return from Jagat Ram's shop, the bundle recovered from Raja Ram's shop was opened. All these bundles, the prosecution aleged, contained articles stolen from the guests the hotel. Two recovery lists were made, Sx. PA. and B. Raja Ram and Jagat Ram taked that the respondent bad come to their shops early morning on 9th October and left the Mandela saying that he would call for them be are taking the bu3 to Narkanda.;


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