MAHENDRA PAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS petition in revision has been filed by Sri Mahendra Pal Singh. The Petitioner along with Sri Ramesh Chand and Amar Singh was convicted Under Section 457, IPC and sentenced to two years rigorous imprisonment each for having committed house breaking by night in the godown of General Reserve Engineering Force Centre, Roorkee between 8 and 9 -7 -1965 and to have committed theft of 12 patromax lantern and 68 hair clipping machines. The Petitioner Mahendra Pal Singh was also convicted Under Section 411 IPC and sentenced to 18 months' rigorous imprisonment for having dishonestly received or retained 12 Gas Lantern, 67 hair clipping machines and certain other articles knowing or having reason to believe the same to be stolen property.

(2.) AGAINST that order of conviction two appeals were filed before the Sessions Judge, one by Ramesh Ghand and the other by Amar Singh. The se two appeals were allowed by the learned Sessions Judge and Ramiesh Ghand and Amar Singh were acquitted of the charge Under Section 457, IPC. The third appeal was filed by the present Petitioner Mahendra Pal Singh which was only partly allowed by the learned Sessions Judge. The conviction and sentence Under Section 457, IPC was set aside but the conviction of the Petitioner Under Section 411, IPC was maintained. The sentence on this Count, however, was reduced to one year's rigorous imprisonment only.

(3.) ON 9 -7 -1965, in the morning at about 7 a.m. one Majit Singh, the Store keeper of General Reserve Engineering Force Centre, opened the go -down of his Centre. He discovered that the articles in the room were lying scattered. Majit Singh immediately made a report to Captain Swarn Singh who was incharge of the Centre and Captain Swarn Singh inspected the place and discovered that 12 patromax lanterns and 68 hair clipping machines had been removed. He made a report to the Station Officer, Roorkee. The Sub -Inspector R.S. Negi took up the investigation of the case and he proceeded to the spot immediately and interrogated the various chaukidars of the Centre including Ramesh Ghand, accused. As a result of his interrogation of Ramesh Chand, the Sub -Inspector suspected Ramesh Chand and Amar Singh to be responsible for the theft, as they were keeping watch over the store room from which theft had been committed. Ramesh Chand was taken to the police station for further interrogation. It was alleged that Ramesh Chand made a confession before Captain Swarn Singh that theft had been committed by Amar Singh and Mahendra Pal Singh who had promised to pay Rs. 50/ - to him and further that the stolen articles had been taken away by Mahendra Pal Singh to his house at village Siao, Police Circle Chandpur, district Bijnor by the train known as Howrah Express. Sub -Inspector R.S. Negi taking Ramesh Chand and a constable with him proceeded for Chandpur reaching there late in the night. On the following morning Sri M.M. Sarpal, Station Officer, Chandpur, Ramesh Chand and Sri Negi proceeded for village Siao and picked up Vijay Pal Singh, Allaha Diya and Mohammad Yahiya and Mohammad Ghani, public men, to witness the search and the recovery. When he interrogated Mahendra Pal Singh, the Petitioner informed the Sub -Inspector that the Petitioner could deliver the goods stolen from the General Reserve Engineering Force Centre, Roorkee. The Petitioner brought out from a kothri 12 patromax lantern, 67 hair clipping machines besides certain other accessories like mantles, ball b earings etc. Ex. Ka 6 is the recovery memo that was prepared by Sri Negi at the spot. The recovered articles were kept in sealed -packets. Thereafter Inspector Negi made search of the room of Amar Singh and made certain recoveries therefrom with which, however, I am no more concerned in this case. All the accused were charge -sheeted as a result of which they were convicted by the Judicial Officer, Roorkee, as mentioned above.