STATE Vs. PARKASH SINGH

JUDGEMENT

(1.) Parkash Singh respondent was tried by a Magistrate at Ambala and on conviction under Section 411, Penal Code, was sentenced to six months' rigorous imprisonment. He was, however, acquitt- ed in appeal by the learned Sessions Judge, and the present appeal has been filed by the State against the order of acquittal.

(2.) The facts of the case are that for the convenience of a detachment of troops stationed at Beas there is a canteen housed in the tent and managed by Jagdish Parshad P. W., who, on visiting the canteen at about 6 a.m. on 20-8-1954, found that a burglary had taken place. He reported the matter to Subedar Prahlad Singh, Supervisor of the canteen who in turn reported the matter to Capt. Anthony Divid P. W. the officer in charge of the detachment. The latter submitted a written report at the Beas Police Station on the afternoon of the 20th of August in which he gave a list of the missing articles which included various items of clothing, three thermos flasks, one bottle of brandy and two bottles of whisky.

(3.) The second stage of the case took place near the Ambala City Railway Station on the afternoon of the 21st of August within 48 hours of the theft in the canteen. The story is that in consequence of certain information which was received a Police party including members of the public went to the Ambala City Railway Station under the leadership of A. S. I. Gurdip Singh where the accused was said to be going to catch the 3 p.m. train to Barara with stolen property in his possession. Parkash Singh presently appeared at the stat-ion, and when a trunk which was in his possession was opened with a key taken from him, it was found to contain a large number of articles corresponding in description with the property stolen from the canteen as well as other articles. The contents of the trunk included three thermos flasks, a large number of packets of Scissors and Gold Flake cigarettes, some vests corresponding to those described in the report made earlier and, most noteworthy of all, two bottles of Scotch whisky on which in addition to the ordinary labels, there were also labels showing that they were only issued to the army and marked "For canteen service only."