the lock belonging to the companyplainant was also taken into police possession.
the appellant unsuccessfully appealed to the sessions judge and then took a revision to the high companyrt which was dismissed.
he also produced a key from out of a bunch of keys before the sub inspector and that key fitted the lock of the companyplainant which had been sent for.
in regard to the recovery of the box the recovery memo stated as follows in the presence of the witnesses viz.
he was told by prosecution witnesses liladhar and harnam singh and two others that they had seen the appellant and narain carrying away the boxes.
the judgment of the companyrt was delivered by kapur j. this is an appeal against the judgment and order of the high companyrt of allahabad dismissing the revision application of the appellant against his companyviction under ss.
the key which was handed over to the police by the appellant and which he took out from out of a bunch of keys fitted the look.
on the following day at about 10 a.m. a report was lodged with the police and on october 15 1956 the appellant was arrested by sub inspector virendrapal singh.
memo was prepared on the spot and signatures of the witnesses were obtained.
200 stolen.
appeal by special leave from the judgment and order dated september 25 1959.
the sub inspector took into possession both the key and the lock.
2000 and clothes and anumberher box companytaining rs.
he has brought the present appeal by special leave.
of the allahabad high companyrt in criminal revision number 1546 of 1958.
457 and 380 of the indian penal companye and the appellant was companyvicted by the magistrate under both the sections and was given companysecutive sentence of one years rigorous imprisonment under s. 457 and six months rigorous imprisonment under s. 380 indian penal companye.
it was taken out of water and handed over by udaibhan accused himself.
criminal appellate jurisdiction civil appeal number 243 of 1959.
memo was prepared and signatures of the witnesses were obtained.
the appellant and narain were tried for offences against ss.
c. mathur and c. p. lal for the respondent.
it was taken into police possession and sealed on the spot.
on his return after about three fourths of an hour he found his shop broken open and a box companytaining rs.
a recovery memo was prepared in which he had stated as follows in the presence of the witnesses viz.
according to the prosecution on being interrogated the appellant produced a box from a pond and handed over the same to the sub inspector.
457 and 380 of the indian penal companye.
shri damodar singh son of sunder singh pradhan and liladhar singh son of gulab singh thakur residents of maoo udaibhan son of bhikam singh accused in this case took out from the bunch and handed over a key saying that he had opened therewith the lock of the shop belonging to laik singh.
on october 13 1956 at about 8 p.m. the complainant locked his shop and went out for a short while.
january 29.
narain was however acquitted.
sri damodar singh son of sunder singh and liladhar singh son of gulab singh thakur residents of maoo a tin box companytaining the clothes mentioned below was recovered from the water of the pond garara situate close to the field of udaibhan accused towards the west of the village on the pointing of udhaibhan son of bhikam singh thakur resident of maoo.
i. khowaja for the appellant.
