AIR 1953 NAGPUR 211

Nagpur High Court

Hon'ble Judge(s): Mangalmurti , J

(A) Evidence Act (1 of 1872) , S.105— Discharge of burden. Section 105 lays down only a rule regarding burden of proof and it does not mean that the Court must not take into consideration even the facts proved which establish the defence if the accused has not raised that plea or defence. Case law rel. on.(Para 3) Anno : Evidence Act, S.105 N.2. (B) Penal Code (45 of 1860) , S.378— Out of possession of any person. When a person was not in possession of a field, he has no right to take the cattle of the accused to the cattle pound, and his act in taking them to the cattle pound amounted to theft.(Para 5) Anno : Penal Code, S.378, N.2. .....