EMPEROR Vs. ANVERKHAN MAHAMADKHAN

JUDGEMENT

(1.) The appellant in this case has been convicted of the offences under Secs.201 and 218, Indian Penal Code, by the Sessions Judge of Kaira and sentenced to undergo rigorous imprisonment for six months on each of the charges, the sentences to run concurrently.

(2.) The accused was a Head Constable in charge of a Police station at Kathana. On the 24th July last, the Mukhi of Ralaj sent a report to the Police Btation that one Nana Daya had complained of the commission of a theft of his ornaments and clothes. The report was received at noon at Kathana and the accused went to Ralaj to investigate the case.

(3.) It is admitted that in the course of his investigation he searched the house of Ganesh Ramji, father-in-law of the complainant's daughter, who was suspected of being the thief, found in his house a piece of cloth and a bodice which the complainant said belonged to him. He also found in that search a sum of Rs. 149. It is also admitted that Panchanamas were made of the search and of a comparison of the clothes found with the clothes of the complainant. Accused also admitted that he searched the house where the complainant lived a month ago and made a Panchnama in respect of that search. It is admitted that next morning accused returned to Kathana with the complainant Nana, the suspect Ganesh, and the Mukhi.