Gujarat Court January 1954 Judgments

Kadiya Kanbi Bhavan Manji Vs. Ismail Mamad and anr.

Court: Gujarat

Reported in: 1955CriLJ274

Baxi, J.(1) This revision application has been preferred by the complainant Kadiya Kanbi Bhavan Manji of Bodka against the order of the Sessions Judge, Halar Division, passed in appeal from the order of the First Class Magistrate, Dhrol-Jodiya.(2) The opponent and four others were prosecuted before the learned Magistrate for offences punishable Under Sections 457 and 380 I.P.C. in respect of a burglary which was committed in the complainant's shop after the midnight of 22-3-1952. The shop was found broken open and currency notes of Rs. 1790/- some change and cloth worth Rs, 1634/- were found stolen away. The accused No. 1 and the present opponent, who was accused No. 2 before the Magistrate, were convicted by him while the rest of the accused persons were acquitted.In the course of police investigation the opponent took the police and panchas to his house and dug up from the osri a purse which was found to contain Rs. 312-5-4 in currency notes of different denominations and copper coin...