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Amir Hasan Khan Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1926All251
AppellantAmir Hasan Khan
RespondentEmperor
Excerpt:
- .....of september 1924 at police station ushet dishonestly misappropriated certain property, to wit, a lawaris bullock.' now under section 403 if a lawaris bullock is appropriated and immediately afterwards the owner of the bullock is found, certainly a man can be convicted, but in this case for 20 days the bullock was kept by the sub-inspector and then sold. no owner has up to now turned up. the inspector advertised for the owner but no one turned up, so it is impossible to say that he knew or had means of discovering the owner, and he had certainly kept the property a reasonable time before disposing of it. even if i had found him guilty, i would have considered that he had been sufficiently punished by being prosecuted. as it is, upon the finding i hold that no offence has been made out......
Judgment:

Banerji, J.

1. This is an application in revision by one Amir Hasan Khan, Sub-Inspector of Police. The charge framed reads as follows: 'That you on or about the 26th day of September 1924 at Police Station Ushet dishonestly misappropriated certain property, to wit, a lawaris bullock.' Now under Section 403 if a lawaris bullock is appropriated and immediately afterwards the owner of the bullock is found, certainly a man can be convicted, but in this case for 20 days the bullock was kept by the Sub-Inspector and then sold. No owner has up to now turned up. The Inspector advertised for the owner but no one turned up, so it is impossible to say that he knew or had means of discovering the owner, and he had certainly kept the property a reasonable time before disposing of it. Even if I had found him guilty, I would have considered that he had been sufficiently punished by being prosecuted. As it is, upon the finding I hold that no offence has been made out. I set aside the conviction and sentence. The fine, if paid will be refunded. The bail bound is discharged.


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