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1951 Supreme(Cal) 129

HARRIES
BHARADWAJ SINGH – Appellant
Versus
STATE OF WEST BENGAL, ON THE COMPLAINT OF, HARIMATI DASI – Respondent


Advocates Appeared:
KISHORE MUKHARJI, M.N.BANERJI, N.C.TALUKDAR

HARRIES, C. J.

( 1 ) THIS is a petition for revision of orders of the Courts below convicting the petitioner of an offence under Section 411, I. P. C. , and sentencing him to pay a fine of Rs. 200/- and in default of payment of the said fine, to undergo rigorous imprisonment for three months.

( 2 ) THE charge against the petitioner was that he was in possession of a cow knowing the same to be stolen or having reasonable grounds for believing that the same was stolen. A learned Magistrate found him guilty and sentenced him as I have indicated. On appeal the conviction and sentence were affirmed by the learned Additional Sessions Judge of Ali-pore.

( 3 ) AT the outset I should like to point out that if this man was guilty of receiving a stolen cow, then a fine of Rs. 200/- was quite inadequate. Life in,villages in Bengal and elsewhere would become quite impossible if theft of cattle and the crime of receiving stolen cattle were dealt with leniently. Stealing a villager's cow is a very serious offence, and so is, being in possession of such a cow knowing it to be stolen. But for the view I take on the question of guilt, I should have no hesitation in issuing a notice to enhance thi











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