RAM KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner herein Ram Kishan was convicted for an offence under Section 411 of Indian Penal Code by Shri U.B. Khanduja, Sub Divisional Judicial Magistrate, Narwana and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/-. In default of payment of fine he was further awarded rigorous imprisonment for a period of two months. His appeal against the judgment recording his conviction was dismissed by Shri Surinder Singh, Additional Sessions Judge (II), Jind and his conviction and sentence were maintained vide judgment dated 3-5-1985.

(2.) THE case of the prosecution in brief was that Swaya Ram complainant was married to Dhanno, his brother Bahadur was married to Ram Piari and his third brother was married to Rajo, Dhanno, Ram Piari and Rajo were real sisters. Dhanno and Rajo had gone to their parents house 4 5 days prior to the occurrence and on 9-1-1980 only Piari was present in the house. Swaya Ram and his brothers had gone to the fields. Ram Piari, after locking the house, also went to the fields and stayed there for about two hours. When she returned at about 1.00 P.M. she found that the lock of the door was intact. After opening the door she went to the Chaubara where she found that lock of the Almirah had been broken and theft of ornaments had been committed. She reported the matter to Sways Ram. A search for the ornaments was made but the same could not be found. On the next day Swaya Ram lodged report Ex. PB with the police on the basis of which formal FIR was recorded.

(3.) RAM Kishan was taken to police post, Datasinghwala where he was interrogated. He suffered a disclosure statement in pursuance of which he got recovered silver ornaments from his residential house, the details of which were given in recovery memo Ex. PA. As all the ornaments which were stolen were still not recovered, Ram Kishan was further interrogated on 14-3-1980 when he made disclosure statement Ex. PF in pursuance of which he got recovered two more ornaments which were seized vide memo Ex. PE. All the ornaments were duly identified, as those which were stolen from the house of Swaya.