STATE Vs. HARI BALLABH

JUDGEMENT

(1.) THIS is an appeal by the State against a judgment and order of the learned sessions Judge, Kotah, dated the 19th April, 1960 by which he acquitted the respondents Hari Ballabh, Gulab Chand and Kailash of an offence under Section 448, Indian Penal Code, reversing the judgment and order of the Sub-Divisional magistrate, Kotah, dated the 22nd February, 1960, by which he had convicted the said respondents under section 448, Indian Penal Code, and sentenced them to one month's rigorous imprisonment and a fine of Rs. 100/- each.

(2.) THE question raised before us is an interesting one relating to possession and it is for that account that the learned Government Advocate presses this appeal, although he has given an undertaking before us that he would not press for the conviction of the respondents in view of all the circumstances of the case, even though our finding be in his favour on the question raised.

(3.) THE material facts in so far as they are relevant for appreciating the question raised before us may be shortly stated as follows: