2017 (4) AJR 801

Jharkhand High Court

Hon'ble Judge(s): Rongon Mukhopadhyay , J

(A) Indian Penal Code (45 of 1860) S. 147, 323, 379 — Evidence Act (1 of 1872), S. 3 — Theft — Appreciation of evidence — Accused persons allegedly taking away tree standing on plot of complainant after cutting into blocks — Prosecution witnesses giving precise accounts of incident — Defence ? of right over property not proved by accused — Conviction, proper.

(B) Indian Penal Code (45 of 1860) S. 147, 323, 379, 53 — Probation of Offenders Act (20 of 1958), S. 4 — Rioting, hurt, theft — Sentence — Accused persons sentenced to undergo S.I. for 3 months, 2 months and 6 months, respectively — Sentence modified by extending benefit u/S.4 of 1958 Act.