Kolkata Court August 1947 Judgments

Kamala Kanta Ghosh and anr. Vs. Emperor

Court: Kolkata

Reported in: AIR1948Cal80

ORDERSen, J.1. The petitioners have been convicted of having committed theft in a building, an offence punishable under Section 380, Penal Code and sentenced to pay a fine of Rs. 20 each in default to undergo rigorous imprisonment for 20 days. The subject-matter of the theft is a goat. The ease for the prosecution is that this goat belonged to the complainant Krishna Pramanik and that he left it in charge of one Pashu Bauri. One of the accused wanted to purchase a kid which had been given birth to by this goat but his offer was refused. He got enraged and he and Kamala Kanta took away the mother goat by force and kept it in the house of Kamala-kanta, the defence taken is a total denial of this story. Kamalakanta claims the goat as belonging to him. The prosecution examined 7 witnesses and the defence examined 5. The learned Magistrate tried the case summarily and convicted both the accused as stated above.2. Two grounds have been taken by the learned Advocate on behalf of the petitione...