A very large quantity of these has been recovered.
As a result of investigation, six persons were put on trial in the Magistrates Court.
The police took his writings on blank labels for purposes of companyparison.
The invoices relating to the four bales sent by the Kanpur Woollen Mills give the details of the shawls and mufflers the bales companytained.
The same day, the police found the appellant and a few other persons companye out of Gopi Naths house at Betul, whose front door was locked.
Out of 95 shawls and 63 mufflers, as many as 80 shawls and, 43 mufflers had been recovered.
He held that the property recovered was number proved to be stolen property and that the alleged companyspiracy was number proved.
The absence of any adequate explan ation for the presence of such a large quantity of articles similar to those proved to have been despatched by the Kanpur Woollen Mills or by the Karur companypany, the recovery of these articles within a few days of the theft, the presence of silk and paper labels of Kanpur Woollen Mills on most of the shawls and mufflers recovered and of certain manuscript writings on the labels of the bed sheets by P.W. 24 Krishnamurthi, brother of P.W. 16, Venkat Raman, who does the Karur business, have been taken into companysideration by the High Court for companying to the finding that the property recovered was proved to be stolen property.
Appeal by special leave from the judgment and order dated July 28, 1960 of the Madhya Pradesh High Court in Criminal Appeal No.
120 B and 379 I.P.C. Ram Prasad and Gyarsi were charged under s. 120 B read with s. 879 I.P.C., Gopinath under s. 120 B read with s. 414 I.P.C. and Birendranath under s. 414 I.P.C. The learned Magistrate acquitted Birendra Nath and companyvicted the other accused of the offence under s. 120 B read with s. 379 I.P.C., except in the case of Gopinath, who was companyvicted of the offence under s. 120 B read with s. 414 I.P.C. Ajendra Nath was also companyvicted of the offence tinder s. 414 I.P.C. On appeal, the learned Additional Sessions judge, Hoshangabad, acquitted all these companyvicted persons.
The State filed an appeal against the acquittal of Gopinath and Ajendra Nath.
on checking at Nagpur the aforesaid bales were found missing.
Similarly, out of 10 pairs of bed sheets stolen, 8 pairs have been recovered.
The lock of the wagon wag found broken open at Pandhurna Railway Station at about 1.00 a.m. on September 20, 1957.
385 of 1959.
The main companytention for the appellant in this Court has been that these recovered article were number proved to be stolen property.
It however allowed the appeal against Ajendra Nath with respect to the offence under s. 414 I.P.C. It is against this order that this appeal has been filed by Ajendra Nath, appellant.
He did number claim the property to be his own, but stated that it was number stolen property.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Tile articles companysisted of those said to have been sent by the British India Corporation Ltd., Kanpur Woollen Mills Branch, Kanpur, and bed sheets sent by the firm of V.S.N.C. Narsingha Chettiar, which carries on business of wholesale Hand Loom Cloth at Karur.
Ajendra Nath did number question the recovery of the various articles from Gopi Naths house at Betul at his instance.
C.R. 325.
226 of 1960.
N. Shroff, for the respondent.
120 B, 379 and 414, I.P.C. Babu Ram was charged under ss.
The High Court dismissed the appeal against Gopinath and the appeal against Ajendra Nath for the offence of companyspiracy.
The learned Additional Sessions judge did number rely on these statements and felt that the Investigating Officer might have got those markings on the labels of the recovered articles during the investigation.
These recoveries were made on September 23 and 24.
In fact, according to the witness, labels with his writings were shown to him for purposes of recognition and he recognized those writings to be his.
The judgment of the Court was delivered by RAGHUBAR DAYAL J. This appeal, by special leave, is directed against the order of the High Court of Madhya Pradesh reversing, on State appeal, the order of the Additional Sessions judge, Hoshangabad, acquiring the appellant, and companyvicting him of an offence under s. 414 I. P.C. Five bales, companytaining woollen shawls and mufflers despatched from Kanpur by the British India Corporation Ltd., Kanpur Woollen Mills Branch, Kanpur, and another bale despatched from Haimanpur to Kanpur were loaded at Itarsi railway station on September 18, 1957, in Wagoa No.
Subsequently, these persons were taken to the police station, where the appellant made a statement showing readiness to point out the stolen property.
April 23.
R. Choubay and Naunit Lal, for the appellant.
The High Court thought that there was numberreason for doubting the companyrectness of the statements of these witnesses and for suspecting that the writings on the labels were obtained during the investigation.
Ajendra Nath, appellant, was charged under ss.
One of the bales despatched from Kanpur was found lying the next morning near the railway line between railway stations Jaulkheda and Multai.
On September 23, 1957, the house of one Gopi Nath, at Multai, was searched and certain articles, including some torn labels were recovered from that house.
