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Judgment
5 paragraphs · 236 wordsMathur, J.C.
This is a criminal revision from Jail by Deo Bux who has been convicted of an offence under S. 380, Penal Code with regard to certain ornaments which were stolen from the house of Punia situated in village Kulans. The jail appeal filed by him was dismissed by Shri S. N. Shrivastava, Additional Sessions Judge, Bhopal, though he set aside the order of fine and maintained the sentence of 18 months rigorous imprisonment only.
The evidence against the applicant consists only of the recovery of stolen properties on the information given by him, from a hollow of tree situated in a jungle not belonging to him. In view of the fact that the land on which the tree stood or the tree itself did not belong to the applicant, the mere recovery cannot show that he was in possession of the stolen properties or that after committing theft he had kept the articles inside the tree.
A similar view was taken in - ''Queen-Empress v. Govinda'', 17 All 576 (A); - ''Rullia Ram v. The Crown'', AIR 1923 Lah 438 (2) (B) and - AIR 1934 54 (Nagpur)
The revision application is, therefore, allowed, the order of conviction is set aside and Deo Bux, is acquitted of the charge under S. 380, Penal Code. He is in Jail and should be released immediately unless wanted in connection with some other case.