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1912 Supreme(All) 287

TUDBALL
Baiju – Appellant
Versus
Emperor – Respondent


JUDGMENT

Tudball, J. - The applicant, Baiju, was tried for an offence u/s 511/75 of the Indian Penal Code, jointly with two other persons, Puran and Durjan, who had been charged u/s 457 of the Indian, Penal Code. The facts are briefly as follows:

2. The house of Musammat Tulsha was broken into and property stolen daring the night. In the morning, a report was made at the Police Station. On the same morning, Puran and Durjan were arrested at the Railway Station with property in their possession merely on suspicion. On information given by Puran, the Police proceeded to Baiju's house. He denied knowledge of Puran or the property. In the possession of these two men at the Railway Station was found property, which turned out to be part of the property stolen from Tulsha's house. Baiju's house was searched and in it was found some more of Tulsha's property. A. third portion was found at a place pointed out by Puran. Puran stated that he had obtained the property from Tulsha's daughter, with whom he had an intrigue. Baiju's defence was that he had received the property in pawn in good faith from Puran. He called two witnesses to establish this but that evidence was disbelieved by both the

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