Law: Penal Code (XLV of 1860)

Section: 379, 109

Penal Code (XLV of 1860), S. 379/109-Abetment-Theft, an individual liability-Accused neither carrying theft property nor any indication o' f his being actively aiding or helping other accused to accomplish crime-Mere presence of accused at place of crime--- Does not amount to abetment-Accused given benefit of doubt and acquitted.   JUDGMENT ' This Rule was obtained by the petitioners against, an order of conviction under section 379, P. P. C. passed by Mr.' B. Rahman, Magistrate, 1st Class, Tangail. The accused-petitioner. No. 1 was convicted under section 379/109, P. P. C. and the petitioners Nos. 2 to 1 l were convicted under section 379, P. P. C. and sentenced to pay a fine of Rs. 50 each, in default to suffer rigorous imprisonment for one month each. The allegations against the accused are that they committed theft of 10 gazari posts worth about 250 by removing them out of possession of P. W. 1, Salehuddin Ahmed, the forester of Dewpara Beat Office. On 16-12-67 P. W. 1, Salehuddin Ahmed along with P. Ws. 2, 3, 4 and 5 went on patrol duty .in the forest and when they returned to head quarter at 11-30 to 12 p.m. they found the petitioners Nos. 2 to 11 to carry 10 logs of gazari posts from the office compound and the petitioner No. 1 Hyder Ali guard ing the gang from behind. The patrol party wanted to apprehend the accused but they fled away leaving the gazari posts at some distance, P. W. 1 and others recognised the accused persons with the flash of torch light. On these allegations, a first information report having been lodged, the local police investigated into the case and submitted charge-sheet against the accused persons. Thus they were put on trial before the learned Magistrate to meet charges under sections 379, 379/109, P. P. C. The plea of the accused was one of innocence. They asserted that the prosec6tion case was absolutely false. Seven witnesses for the prosecution and none for the defence were examined in the case. The learned Magistrate on appraisal of the evidence convicted and sentenced the accused petitioners as mentioned above. The accused challenged the propriety of the order of conviction before the Sessions Judge,…