TEERATH SINGH Vs. STATE

JUDGEMENT

(1.) THESE three Criminal Appeals have arisen out of the same judgment and or der, passed by the trial court, as such, all the three are being disposed of by this common judgment.

(2.) ALL these three criminal appeals, preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr. PC.), are directed against the judgment and order dated 09-09-1985, passed in C. B. I. Case No. 170 of 1975, C. B. I. Case No. 79 of 1976 and C. B. I. Case No. 138 of 1977, by learned Special Judge, Anti Corrup tion/additional Sessions Judge, Dehradun, whereby the appellant Kabul Singh is convicted under Section 395 and 412 of the Indian Penal Code, 1860 (for brevity hereinafter I. PC.), appellant Raj Kumar is convicted under Section 395,412 and 414 of I. PC. , and each of the appellants Teerath Singh, Jaswant Singh, Man Singh and Surta Nand Nautiyal, is convicted under Section 412 and 414 of the I. P. C. Appellant Kabul Singh is sentenced under Section 395 of I. P. C. to undergo rigorous imprisonment for five years and to pay fine of Rs. 5,000/-, in default of payment of which, he is directed to undergo further six months rigorous imprisonment. He (Ka bul Singh) is also sentenced under Sec tion 412 of I. P. C. to undergo rigorous im prisonment for four years and to pay fine of Rs. 3,000/-, in default of pay ment of which, he is directed to undergo rigorous imprisonment for further period of three months. Sentence awarded to appellant Raj Kumar under Section 395 and 412 of I. P. C. is the same as that of appellant Kabul Singh. He (Raj Kumar) is also sentenced under Section 414 of I. P. C. to undergo rigorous impris onment for a period of two years. Each of the appellants Teerath Singh, Jaswant Singh, Man Singh and Surta Nand Nautiyal, is sentenced under Sec tion 412 of I. P. C. to undergo rigorous imprisonment for four years and to pay fine of Rs. 3,000/- in default of payment of which, each one of them is directed to undergo further three months rigorous imprisonment. Each one of these four appellants is also sentenced under Sec tion 414 of I. P. C. to undergo rigorous im prisonment for a period of two years. Sentences are directed by the trial court to run concurrently.

(3.) ACCORDING to the prosecution, the stolen idol after the incident, was ini tially kept in the field of P. W. 25 Santokh Singh, in village Misherwala, District Nainital (now Udham Singh Nagar) from where it was taken to Dehradun by appellant Raj Kumar and appellant Kabul Singh and their associ ates. On reaching Dehradun, the idol was taken to the field of P. W. 36 Chandan Singh of village Jhajra, where appellant Surta Nand Nautiyal, appel lant Raj Kumar and Bali Ram dug a pit and kept the idol concealed in it. On 21-02-1975, appellants Teerath Singh, Man Singh and Jaswant Singh visited Dehradun where they met appellants Raj Kumar and Surta Nand Nautiyal, who were accompanied with Bali Ram. The negotiation took place between the par ties, for sale of the stolen idol. Conse quently, on 26-02-1975, the deal got fi nalized at Delhi, and it was agreed be tween the two sets of appellants that Bali Ram and appellants Surta Nand Nautiyal and Raj Kumar would sell the idol to appellants Teerath Singh, Man Singh and Jaswant Singh, for a sum of Rs. 62. 000/ -. Thereafter, the idol was transported from Dehradun to Delhi in a taxi bearing registration No. USV/ 9735, which was arranged by Bali Ram. P. W. 32 Surendra Singh drove the taxi in which the idol was kept in the back seat and Bali Ram and1 appellant Raj Kumar accompanied it. The idol was loaded in the taxi by appellant Raj Kumar, appellant Surta Nand Nautiyal and Bali Ram at village Jhajra, Dehradun, on 28-02-1975, and the taxi reached Delhi on 01-03-1975. Appellant Surta Nand Nautiyal followed in a bus and he too reached Delhi on 01-03-1975. On the very day, Bali Ram and-appellant Raj Kumar, delivered the sto len idol to appellants Teerath Singh and Man Singh. In Delhi, initially, the idol was taken to the house of appellant Jaswant Singh at his residence house No. III, Vishal Enclave, New Delhi. There it was packed in a wooden crate and transported to house no. WZ -84, Meenakshi Garden, Delhi, owned by P. W. 39 Paramjeet Singh @ Pammi. A room was taken in said house on rent by appellants Jaswant Singh, Teerath Singh and Man Singh. Out of the sale consideration agreed between the above two sets of appellants, Rs. 25. 000/- was paid on 01-03-1975 by appellant Teerath Singh to appellant Raj Kumar, as a part payment in the presence of Bali Ram, Surta Nand Nautiyal, Man Singh and Jaswant Singh. Second instalment of Rs. 15,000/- was paid on 15-03-1975 to Bali Ram and appellant Surta Nand Nautiyal by appellant Teerath Singh at Hotel Malabar, Delhi. Again, on 25-03-1975, appellant Surta Nand Nautiyal visited Delhi, and received Rs. 500/-from appellant Teerath Singh in the pres ence of appellant Man Singh in Hotel Eagle, Delhi.