TMI Blog1960 (1) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... he loan; but Akloo said that he was then unable to pay. Thereupon, the two petitioners took away Akloo's cow which was tied in his house. 3. The defence is that petitioner Budhan had purchased the cow in question from Ambika Manjhi, nati of Akloo (P. W. 1). 4. The Courts below have accepted the prosecution case, and have disbelieved the defence. They have, therefore, convicted and sentenced the petitioners as I have already mentioned. 5. Appearing on behalf of the petitioners, Mr. Ugra Singh has raised two points. His first point is that none of the alleged eye witnesses for the prosecution can be accepted as having proved the occurrence because the alleged date of occurrence) was the 18th May, 1958, equiva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which the person gaining is not legally entitled, or when a person acts with the intention of causing wrongful loss, i.e., loss by unlawful means, of property to which the person losing is legally entitled, he acts dishonestly. The later portion of Section 23 reads : 'Gaining wrongfully' and losing wrongfully'-- A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property . The reference to being kept out of property undoubtedly means being kept out of the possession of property. If a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... retained in 'order to compel payment of compensation for the injury by the first informant, In those circumstances, Dhavle, J., held that a case of theft had not been made out. With great respect, I am unable to agree with the view taken by him. He has not discussed how the act of the petitioners in that case was not an act committed with the intention of causing wrongful loss to the first informant and wrongful gain to the petitioners. 9. Mr. Ugra Singh has not drawn my attention to any other decision; but I may refer to an old Full Bench decision of the Calcutta High Court in Queen Empress v. Sri Churn Chungo, ILR 22 Cat 1017. It has been held in that case that a creditor, who removes his debtor's property from his posse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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