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1970 Supreme(All) 444

C. J, V. G. OAK
Yasin – Appellant
Versus
State of UP – Respondent


Advocates appeared:
G.C. Dwivedi s, For the Appellant /

ORDER

V.G. Oak, C.J. - This criminal revision arises out of a case of loss of cattle. Two bullocks belonging to Azimuddin were lost from his compound in village Nagla Rai, district Muzaffarnagar. He started a search for the bullocks. Next Cay Gulab and Yasin accused approached Azimuddin and told him that he could get back his bullocks, provided he was prepared to spend some money. The complainant accepted the proposal. At 3 P.M. the complainant paid a sum of Rs. 400/- to the two accused persons. The accused asked the complainant to come for the bullocks at about 3 A.M. Accordingly, the two accused delivered the two missing bullocks to Azimuddin at 3 A.M. A report was lodged at the police station. The two accused were prosecuted Under Sections 380, IPC and 215, IPC. Both the accused pleaded not guilty. They were convicted by the Judicial Magistrate, Kairana Under Sections 380, IPC and 215, IPC. u/s 380, IPC each accused was sentenced to rigorous imprisonment for six months. Each accused was sentenced to rigorous imprisonment for six months and a fine of Rs. 250/- or further rigorous imprisonment for three months in default of fine u/s 215, IPC. The sentences were ordered to run concu

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