CHUNILAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision-petition is directed against an order of the learned Sessions Judge, Mandi, dismissing the appeal of the petitioner, against his conviction and sentence, under Section 411, I. P. C.

(2.) The prosecution case, against the petitioner, was as follows :-A temple of Dev Tungasi (hereinafter referred to as the temple) is situated in village Niari, Police Station Gohar, Tehsil Chachiot, District Mandi. The temple was broken into on the might of the 23rd September, 1961 and from the Rath of the Dev, six gold plated mohars, two gold plated galpatas, one gold plated dodi, and one sankh were stolen. The theft was detected by Durga Singh PW. 7, on the 24th September. He informed Thakur Dass PW. 1, the pujari of the Dev. Thakur Dass lodged the report Ex. PA about the theft, with Head Constable Chandermani, PW. 20, who was on patrol, in the ilaqa. The police suspected that the theft had beem committed by the petitionar. A search was made for him, but he was not traceable. When all efforts failed to trace the petitioner, he was proclaimed an absconder.

(3.) On 17-9-62, nearly a year after the theft, in the temple, the petitioner had come to the house of Sant Ram in village Khani Phati, District Kulu. As the petitioner was a proclaimed offender, Sant Ram called Lambardar Loharu Ram PW. 13, Chaukidars Moti Ram PW. 11 and Bhagat Ram P. W. 12, Sarpanch Gokal Chand P. W. 14 and Surat Ram, PW. 10, for apprehending him. The petitioner was apprehended by these people. On the search of his person, five pieces of gold, Ex. P-10/1 to P-10/5, weighing 98 grams and other articles, were recovered. The petitioner was brought to the police station Banjar and handed over, along with the articles, recovered, from him, to S. H. 0. Sewa Singh PW. 15. Ulti-mately, the petitioner and the articles recovered, were brought to the police station Gohar, Tefcsil Chachiot.