The learned magistrate acquitted accused Nos.
200 or in default to undergo rigorous imprisonment for a further period of one month.
The recovery of Watch from Verumal took place at 1.
Report about the theft was lodged by Manubhai at the police station.
Stolen lady watch was recovered by the police party from the possession of Virumal.
A lady wrist watch, four gold bangles, one gold necklace, one silver ornament and a vessel were stolen as a result of the theft.
4 and Chelaram accused No.
Virumal then led the police party to the house of Chelaram appellant, four gold bangles, one gold necklace and one silver ornament which had been stolen from the house of Manubhai were recovered from the house of Chelaram.
5 were companyvicted under Section 411 Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of nine months and pay a fine of Rs.
1 to 3, while Virumal Mulchand accused No.
At the trial, the two appellants, with whom we are number companycerned, made a flat denial of the prosecution allegations.
In appeal before us, Mr. Dholakia on behalf of the appellant has companytended that there was numbersufficient companypliance with the provisions of Section 342 of the CrPC as the various incriminating circumstances were number put to the appellants.
These two accused have number companye up in appeal to this Court by special leave.
1 to 3, while the appellants were companyvicted and sentenced as above.
Virumal and Chelaram went up in appeal, but their appeal was dismissed summarily by the Gujarat High Court.
Appeal filed by the appellants as mentioned earlier was dismissed summarily by the High Court.
3 Jawansing led the police party to Virumal appellant.
The prosecution case is that on the evening of January 9, 1969 between 8 and 10 p.m., a theft took place at the premises of Manubhai Ambalal PW in Ahmedabad.
a.m. on the night between January 10 and 11, 1969, while the recovery of ornaments from Chelaram took place at 2.30 a.m. on that night.
The trial magistrate on a companysideration of the evidence came to the companyclusion that numbercase had been made against accused Nos.
Khanna, J. Five accused Ramanbhai Maneklal, Dhanji Venmalidas Jawansing Ukarasing, Virumai Mulchand and Chelaram Murajmal were tried in the companyrt of the City Magistrate Ahmedabad, the first two for offences under Section 457 read with Section 380 Indian Penal Code and the last three for offences under Section 411 Indian Penal Code.
A written statement was also filed on behalf of the appellants and in that also, apart from some reference to discrepancies in the prosecution evidence, the only plea which was taken that of denial simpliciter.
The accused were thereafter sent up for trial.
