NADIM MOHD Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of three appeals bearing No. CRA-S-1005- SB-2010, CRA-S-577-SB-2009 and CRA-S-1200-SB-2009 as all these appeals arise out of one judgment.

(2.) The appellants were charge sheeted for committing an offence punishable under Section 412 IPC for dishonestly retaining silver jewellery and Nokia mobile phone belonging to Puran Lal, complainant, knowing or having reason to believe that the same were obtained after commission of dacoity. To the charge, the appellants pleaded not guilty and claimed trial. After taking prosecution evidence and recording statements of the accused under Section 313 Cr.P.C. and after hearing learned counsel for the parties and State, the learned trial Court held the appellants guilty for committing an offence punishable under Section 412 IPC vide judgment dated 24.12.2008 and sentenced to rigorous imprisonment for 7 years and to pay a fine of Rs. 5000/-each with default clause to undergo rigorous imprisonment for 6 months vide order of even date.

(3.) The case against the appellants is this that on 12.4.2008 ASI Mohd. Iliyas, CIA Staff, Palwal, received secret information against the appellants while he along with other police officials was present at Bamnikhera-Phoolwari Bus stand, in connection with the patrolling and detection of crime. The information was to the effect that 2-3 days ago, Puran Lal, goldsmith, was robed on Akbarpur G.T. Road near Chhatta, (UP) and jewellery along with mobile phone from his possession were looted by Ravi Kant, Nadim Mohd. and Chand Khan. All the aforesaid persons were going to Delhi to sell those robed articles on that day by car, bearing Registration No. DL-4CF-2872. The secret informer also informed the police that the appellants were coming from the side of village Phoolwari and in case, naka is laid, they can be apprehended. Upon this information, raiding party was formed. Naka was laid at Phoolwari turn. After some time, the aforesaid car was seen coming from village Phoolwari side. On getting signal to stop the car from the police, the driver of the car tried to ran away along with vehicle. However, all of them were apprehended with the help of police officials. On enquiry, the car driver gave his name as Ravi Kant. The persons who were sitting in the rear seat, gave their names as Nadim and Chand Khan. Both of them were having a bag in between them. On search of the bag, silver jewellery along with mobile phone make Nokia 2610 were recovered. "Puran Lal Soni Palwal" was written on the bag. On counting of silver articles, it was found that those were 61 tagris, 113 pajebs (anklets). On weighment, the silver jewellery came to 17.172 Kgs. The aforesaid recovered silver jewellery as well as Nokia mobile phone were taken into police possession vide memo Ex.PA. HC Rambir and EHC Hakmuddin signed it as witnesses. Car was also taken into police possession vide the same recovery memo. Site plan Ex.PF of the place of recovery was prepared with correct marginal notes. Ruka Ex.PG was sent to the police station for registration of the case whereupon, formal FIR was recorded. Statements of witnesses were recorded. Accused were arrested. Case property was deposited in the malkhana.