LUNA SINGH AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal by the two Appellants against their conviction under Section 411 of the Indian Penal Code and the sentence of 2 years rigorous imprisonment. Originally, the Appellants along with two others were charged under Section 395 of the Indian Penal Code of which charge they were acquitted.

(2.) THE prosecution case shortly stated is this:

(3.) THE articles recovered from the possession of Appellant Luna Singh was a bella (M.O. II) on which the name of the complainant (p.w. 5) was inscribed and certain other silver articles from the thatch of his house. Similarly, a bella (M.O. VI) was also recovered from the possession of the Appellant, Rauta Singh with the inscription of Gangi Dei's name, wife of the complainant (P.w. 6). Certain silver chains were also recovered from his house. The learned Sessions Judge came to the definite finding that none of the prosecution witnesses have testified to the fact that the Appellants were present at the time of the occurrence. He, however, was of opinion that the recovery was properly proved and the articles were satisfactorily identified to be the properties belonging to the complainant and were stolen properties. Under these circumstances the learned Sessions Judge said: