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1952 Supreme(All) 5

GURTU, V.BHARGAVA, SANKAR SARAN
RAM BHAROSEY – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Jagdish Narain Agarwal, SHRI RAMA

V. BHARGAVA, J.

( 1 ) THIS is a revision by one Ram Bharosey who has been convicted for an offence punishable under Section 414, Penal Code, and sentenced to one years rigorous imprisonment.

( 2 ) THE facts found by the lower appellate Court on which the applicant has been convicted are that a calf belonging to Mithulal was lost by him on 4th September 1949. On 5th September 1949 it was sold in the weekly market by Ram Bharosey applicant to one Habibullah for a sum of Rs. 28. It was later recovered from the house of Habibullah on 6th September 1949. The lower court has also found that Ram Bharosey failed to give any satisfactory explanation of being in possession of this calf. The explanation which Ram Bharosey gave was that the calf belonged to him, but this plea of Ram Bharosey has been disbelieved by the appellate Court and has been held to be false. These findings given by the lower appellate Court are findings of fact and the learned counsel for the applicant has not been able to show that any of them are so wrong and perverse as to require being upset. The ownership of the calf by Mithulal was held by the appellate Court to be proved from oral evidence as well as two circumst














































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