RAJANIKANTA MEHETA Vs. THE STATE

JUDGEMENT

(1.) THE Petitioner Rajanikanta Meheta has filed two revision petitions in the following background: There was a dacoity in village Nuagaon under Govindapur Police Station on 16 -4 -1974 night in the house of one Sudhananda Misra. The Fast Information Report was lodged at the Police Station the next day and investigation proceeded. However, two and half years after, on 20 -10 -1976, eleven accused persons were charge -sheeted under Sections 395, 394, 115 and Section 412, Indian Penal Code and under Section 25 of the Arms Act. Out of those eleven persons, one is Had Das and the other Rajanikanta Meheta, the Petitioner. Be it stated here that the Petitioner was only charge -sheeted under Section 412, Indian Penal Code on the allegation that he had received the stolen ornaments from Hari Das and had paid Rs. 7, 000/ -. This case was numbered as G.R. Case No. 658 of 1974.

(2.) MR . Mukherjee, learned Counsel for the Petitioner urged that the sale evidence against the Petitioner is that of Hari Das who has stated that after the commission of the crime he had sold some of the ornaments to the Petitioner who paid him along with others Rs. 7.000/ -. It may be stated here that no ornament has been recovered from the Petitioner and the sole evidence is the uncorroborated testimony of Hari Das. In fact, I find that in the lengthy 164 statement of Hari Das, there is only one sentence in Dara 15 that he along with others had sold the ornaments to the Petitioner who had paid him Rs. 7,000/ -.

(3.) SOME developments in the meanwhile need be stated. Hari Das after his discharge on 21 -12 -1974 has been involved in several other dacoity cases and has been arrested. It is on record, that he has been apprehended by the Police on 20 -4 -1978 and has been committed to the Court of Session on 7 -8 -1978 (See order dated 5 -10 -1978 of this Court in Cr. Rev. No, 43/78).