RAM NAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPLICANT has filed this revision against the judgment dated 6-2-1995 passed by the learned First Additional Sessijudge, Rewa, in Criminal Appeal No. 58 of 1987 whereby the judgment dated 14-9-1987 passed by the Judicial Magistrate, First Class, Mauganj, in Criminal Case No. 352/76, convicting the applicant under Section 411 of IPC and sentencing him to rigorous imprisonment for two years and fine of Rs. 100/- was confirmed.

(2.) BRIEF facts of the case are that a theft of idols of God Ram, Laxman and Sita from a temple in Naigarhi Kasba was committed in the intervening night between 8th and 9th July, 1975. When Pujari of the temple, Janki Prasad informed Saroj (P. W. 11), she lodged the report (Ex. P-6) at Police Station -Naigarhi. A case under Sections 457 and 380 of IPC was registered. On investigation, when it could not be found out as to who committed the theft, the police had filed final report on 5-10-1975. On getting some clue about the theft, on 3-8-1976, the accused persons were interrogated and on the information furnished by the co-accused Kanhaiyalal, idol of God Laxman was recovered from the possession of the applicant. It is said that applicant Ram Nayan lived at Village Shankcrpur and his brother accused Dwarka Prasad lived at Village Tari, wherefrom the aforesaid idol "article A" was seized vide seizure memo (Ex. P-3 ). During investigation the idol was put up for test identification parade wherein it was identified by P. W. 1 Janki Prasad, P. W. 2 Satyadin, P. W. 3 Banshi and P. W. 11 Saroj to be the stolen property. After requisite investigation the charge-sheet was filed. Other accused persons were charged for the offence under Sections 457 and 380 of IPC whereas the applicant was charged only for the offence under Section 411 of IPC. The applicant had pleaded false implication. Relying on the evidence of P. W. 1 Janki Prasad, P. W. 2 Satyadin, P. W. 3 Banshi and P. W. 11 Saroj about the identification of the property and the evidence of P. W. 3 Ramose and P. W. 9 Sant Kumar Nigam, Investigating Officer, about the recovery of Idol from applicant, the Trial Court held the applicant guilty for the aforesaid offence and convicted and sentenced him as aforesaid. The appeal preferred by the applicant before the Court of First Addl. Sessions Judge, Rcwa, was also dismissed. Aggrieved thereby the applicant has filed this revision before this Court.

(3.) LEARNED Counsel for the applicant submitted that the prosecution had failed to prove beyond doubt that the applicant had received or retained the aforesaid stolen Idol. There was no reliable evidence to prove that the Idol was seized from his exclusive possession so as to make him liable of the offence. He submitted that the evidence of P. W. 3 Ramose, witness of seizure memo and P. W. 9 Sant Kumar Nigam, the Investigating Officer, was contradictory and was not sufficient and reliable to prove beyond reasonable doubt that the aforesaid idol was seized from his possession. On the other hand, learned Counsel for the State contended that the evidence of P. W. 3 Ramose and P. W. 9 Sant Kumar Nigam was reliable and sufficient to prove that the idol was recovered from the possession of the applicant and was identified by other witnesses to be the stolen property.