SALDEO Vs. KING-EMPEROR

JUDGEMENT

(1.) This is an application for revision of an order passed by a First Class Magistrate convicting the three applicants under Section 379 of the Indian Penal Code and sentencing Saldeo to a fine of Rs. 50 and the other two applicants to a fine of Rs. 25 each or in default to undergo rigorous imprisonment For two weeks.

(2.) The case for the prosecution is that Jabooran Ahir, complainant, resident of village Kotwa, went to see his gram field on the morning of 11 February 1926, and found that about eight bundies of gram plants worth Rs. 4 were uprooted and stolen away. He began to trace out the theft and found that gram plants were lying scattered in the way up to the house of the accused which was situate in the same village. He found some ten plants of his field lying at the door of the accused which he picked up and was taking them to Kotwali Azamgarh to make a report but the Sub-Divisional Magistrate happened to be in his village at about 9 a.m. and he reported we facts to him orally. The Sub-Divisional Magistrate and Bachu Lal Manager of Lala Harakh Chand, proprietor of the village, immediately went to the house of the accused where cut gram plants and green gram were found in the cattle troughs of the accused. On 12 February 1926, the complainant Jabooran lodged a complaint before the Sub-Divisional Magistrate and the case was started against the accused.

(3.) The accused denied the charge. Saldeo accused who is chaukidar of the village stated that he had gone on his round to village Tamboli and that Baldeo accused brought the gram plants found in his cattle-trough from his own field. Baldeo stated that on his return from Gulaur he brought some gram plants from his field on the morning of 11 February and put it in the troughs of his cattle. Bansraj pleaded alibi and stated that he had gone to Jaunpur to purchase a bullock and was not at home on the 11 February. Saldeo and Baldeo are own brothers and Bansraj is their cousin. The accused produced a number of witnesses which were disbelieved by the learned Magistrate who found from the prosecution evidence that gram plants were stolen from the field of the complainant and the same were found in the cattle troughs of the accused. He found that the accused failed to prove that the gram plants were out and brought from their own fields. The learned Magistrate found the accused guilty and convicted and sentenced them as noted above.