NEERAJ JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) This judgment shall also govern disposal of Criminal Appeal No. 700 of 83 filed by Biharilal Khanna against the same judgment of conviction and sentence as in this appeal. This judgment will also govern the disposal of Criminal Appeals No. 927 of 83 and 928 of 83 filed by the respondent -State Government against the acquittal of the appellants in the aforesaid two appeals and two others of certain charges and for enhancement of punishment imposed. All the 4 appeals arise out of judgment, dated 6 -6 -1983 of Shri R. C. Khare, Sessions Judge, Indore at Camp Rewa in Sessions Trial No. 38 of 1970 holding appellant Neeraj Jain and Biharilal Khanna guilty for offence punishable under sections 120 -B, 411 and 413, IPC and sentencing them to pay a fine of Rs. 1,000/ - for each of the offences. Appellant Biharilal Khanna has also been found guilty under section 467, IPC and sentenced to fine of Rs. 1,000/ -. In default of payment of fine both appellants Neeraj Jain and S. L. Khanna, have been sentenced to 6 months' R. I. The other two persons who have not appealed against the conviction and sentence but against whom the State has preferred appeal. The appellant State is aggrieved by the lenient sentence imposed on them and has preferred appeal for enhancement of sentence, Respondent Mahesh and Chundha have been held guilty under section 379. I. P. C. and section 30 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 but ha\'e been found not guilty of offence under section 413, I.P.C. Respondent Chundh has in addition, been held guilty of offence under section 467, I. P. C 'These two respondents have been found poor, illiterate and justice villager, and used as labourers by the appellants Neeraj Jain and Biharilal Khanna. They have, therefore, been sentenced to imprisonment till rising, of the Court for all offences. That is now, the entire matter is before this Court for re consideration in these appeals.

(2.) PROSECUTION case against the accused persons is that they have been excavating, stealing and carrying away ancient idols from Gorgi area of Rewa District and disposing them of for their personal gains. It was alleged that accused Mahesh and Chundha excavated those idols from the area and supplied them to Bilarilal Khanna and Neeraj Jain. They smuggled out these idols out of the country and sold them at exorbitant prices. They are, therefore alleged to have committed offences alleged against them. The appellants denied having committed any offence and were, therefore, put on trial where in they have been found guilty, as aforesaid. Since heir conviction and sentences are under challenge in these appeals, it is necessary to note some other details as well.

(3.) SHRI R. N. Singh, Advocate for Biharilal Khanna bas not argued his appeal (Criminal Appeal No.700 of 83). Biharilal Khanna personally appeared in this Court and filed an affidavit expressing regret and begging apology for all that bas been found against him. In his affidavit he has submitted that he was of 83 years of age and almost a crippled old man having no material expectation than to devote his remaining life in divine causes. He has, there fore, tendered apology and prayed for forgiveness for errors committed by him. He has also stated with grace that he accepts the verdit of the learned Sessions Judge. Under the circumstances, Criminal Appeal No. 700 of 83 filed by him would not require any serious consideration. In spite of it, it will require consideration if be can be awarded any higher punishment or found guilty of offences for which he has been acquitted. The appeal of appellant Neeraj Jain is, therefore, the only appeal against conviction.