Surajmal and Another (In Jail) vs The State

Bind Basni Prasad, J.—These two revisions arise, out of the same case, u/s 380 I. P. C Two bullocks, two buffaloes, two she-buffaloes and a young one of a she buffalo were alleged by the prosecution to have been stolen by the applicants from the possession of one Fateh Chand. They along with two others were tried for the theft and were sentenced each to two years rigorous imprisonment and a fine of rupees one hundred. The learned Sessions Judge in appeal acquitted two of them, namely, Ganga Prasad and Jaswant Singh ''and upheld the conviction of Surajmal, Kanhaiya, Ghidi and Gaddar who are the applicants before me.

These two revisions Were admitted only on the question of sentence. The learned counsel, however, argued the question of fact. The finding of fact is dear and categorical and there is no sufficient reason to behind it. It must be held that the applicants committed the theft of the cattle.

On the question of sentence I am of opinion that in this agricultural country, theft of cattle must be regarded as a serious offence. Learned Sessions Judge has already reduced the sentences and there is no justification for its further reduction. The two revisions are dismissed.

The bail bonds are cancelled. The applicants shall be taken into custody and serve out the remainder of their sentences.