Instead of stopping at the police station he asked the rickshaw to proceed to Katni road and dismissed the rickshaw puller after paying his fare.
The appellant then got into a rickshaw along with Ram Kumar on the pretext of taking him to the police station.
It may be mentioned that Ram Kumar was wearing a gold mohar, threaded in a piece of string, round his neck.
While they were standing on the road to Katni a motor truck happened to pass that way.
CI/66 6 cussed fully by the High Court.
Appeal by special leave from the judgment and order dated February 8, 1963 of the Madhya Pradesh High Court in Criminal Appeal No.
121 of 1962.
He engaged him in companyversation and learnt from him that the latter was from village Beldara, police station Maihar.
There is voluminous evidence on the point which has been disp.
156 of 1963.
Ram Kumar, finding that the appellant had escaped, lodged a report with the police.
He then gave a beating to Ram Kumar and snatched the gold mohar from his neck.
Briefly stated the prosecution case was that the appellant who was posted at Rewa took leave for 15 days from August 7, 1958 with a view to go to his village Hati in District Satna but instead went to Jabalpur wearing the uniform of a police head companystable.
He denied the offence and said that he was falsely implicated and also said that it was a case of mistaken identity.
He told Ram Kumar that a theft had been reported from that area and that he had companye to Jabalpur to investigate into it and that Ram Kumar answered the particulars of the man wanted in companynection with the theft.
While Ram Kumar was away the appellant got into a goods train which happened to be leaving Katni railway station in the direction of Satna at that time and travelled in the brake van.
After reaching the place the appellant sent off Ram Kumar to fetch a cup of tea for him.
Questioned about it by the appellant he told him that he had received it as a present from his father in law.
There he met the companyplainant Ram Kumar, W. 1 at the Omti Bridge near the Pan shop of one Saligram, W. 2.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The main question was regarding the appellants identity.
C. Agarwala for P. C. Agarwala, for the appellant.
N. Shroff for 1.
Eventually the appellant was apprehended and challenged.
In respect of the offence under S. 392 the High Court sentenced him to undergo rigorous imprisonment for a period of four years and further ordered that all the sentences should run companycurrently.
The High Court to which an appeal was preferred by the State Government set aside the acquittal and companyvicted the appellant of each of these offences.
It sentenced him to rigorous imprison ment for a period of one year in respect of the offence under s. 170 and to a period of six months for an offence under s. 342.
170, 342 and 392, Indian Penal Code but was acquitted by the trying Magistrate of all these offences.
The Judgment of the Court was delivered by Mudholkar, J. The appellant, a police companystable, was tried for offences under ss.
N. Shroff, for the respondent.
Ram Kumar resisted and protested and so also did one Phoolchand who was there.
The appellant stopped it and got into it along with Ram Kumar and proceeded towards Katni.
The appellant took Ram Kumar along with him from place to place and at one place he tried to relieve Ram Kumar of the gold mohar saying that it was a stolen article.
