LAKHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition has been filed by Lakhi (hereinafter described as 'the petitioner') directed against the judgment and the order of sentence passed by the learned judicial Magistrate IInd Class, Karnal dated 13.5.1988 holding the petitioner guilty of the offence punishable under Section 411, Indian Penal Code and of the learned Additional Sessions Judge, Karnal dated 11.7.1988 whereby the appeal preferred was dismissed, the petitioner was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 1000/-. In default of payment of fine, the petitioner was to undergo further rigorous imprisonment for three months.

(2.) THE relevant facts are that Sudesh Rani wife of Sudarshan Kumar had boarded in Haryana Roadways Bus No. HYC-8752 from Karnal on 19.8.1984. She was to come from Kaithal to Tohana. The bus left Karnal at 12.15 noon. She was carrying a suit case. A necklace of gold, two ear-rings (kantas) of gold, one ring and four bangles of gold (Karas) besides a chain of silver and two keys of the lockers, she had placed in her purse which was kept in the suit case. The suit case was kept near the bonnet and seat of the driver. She could only find a place in the third row of the bus. One person was travelling in the bus and was sitting in the front seat. He adjusted the suit case and kept it near him. He got down at Kaithal. Sudesh Rani had change the bus at Kaithal and thereafter took another bus to go to Tohana. In the remaining part of the journey, she kept the suit case under her feet. When she reached Tohana and opened the suit case, she found that ornaments kept in the purse had been stolen. she suspected that the person who was sitting on the front seat had committed the said offence.

(3.) THE petitioner had been arrested in some other case by the C.I.A. Staff, Panipat, He was remanded to police custody. On 18.11.1984 he made a disclosure statement but it did not lead to any recovery. On 20.11.1984 on being interrogated, the petitioner in presence of Sunehra and Manphool Head Constable made a disclosure statement that he can got recovered the gold ornaments. He led the said persons to his house and from the specified place, he got recovered the gold ornaments. These were taken into possession vide a recovery memo Ex.PW-4/A. Sudesh Rani was called and in presence of Sajjan Singh Sarpanch she identified the ornaments. The statements of the witnesses were recorded. Rough site plan was drawn and after completion of other formalities, report under Section 173, Code of Criminal Procedure was filed.