GANESH SETHI Vs. STATE

JUDGEMENT

(1.) THE Petitioner stands convicted under Section 411, Indian Penal Code and has been sentenced thereunder to undergo R.I. for one month and to pay a fine of Rs. 100/ - and in default of payment of the same to undergo R.I. for a further period of one month.

(2.) THE Petitioner was prosecuted and convicted in the trial Court along with two others for an offence under Section 411 read with Section 34, Indian Penal Code. In appeal the Court below, while acquitting the other two accused persons, discarded certain aspects of the prosecution evidence, I shall therefore deal only with the prosecution evidence and the case accepted by the Court below. The bare facts which have been accepted as established by both the Courts below and on which the Petitioner now stands convicted are that M.O.I. an India made Raleigh bicycle, belonging to p.w. 3, was stolen from the Christ College compound at Cuttack on 23 -3 -1967. On 28 -3 -1967 some of the prosecution witnesses including p.w. 4 saw this bicycle in the Nischintakoil market with the Petitioner who was moving in the market with two other companions. Due to the conduct and movement of the Petitioner and his companions in the market p.w. 4 and some others suspected that the said bicycle was a stolen one. P.W. 4 for a short while went to his house to change his dress, and when he came back he found that the Petitioner had left that place, and the bicycle was not there. He therefore went in search of the Petitioner on his p.w. 4 's motor -cycle and caught hold of the Petitioner with the bicycle, M.O.I. at some distance from the village. P.W. 4 brought the Petitioner back to the Bazar along with the bicycle and thereafter he lodged the F.I.R. at the police station. The police seized the bicycle from the possession of the Petitioner.