CHAMMU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE prosecution story in brief is that on March 1, 1968, at about 8 p.m. a dacoity was committed in village Asaki in the houses of Ram Nath, Bhagwant, Bala, Sheo Charan, Johari, Moola, Ram Kishan, Ladhoo etc. The dacoits were 10 or 12 in number. They were armed with guns and fating. They looted the property of the villagers by breaking open the locks and the doors of their houses. The dacoits also burnt Ramnath's hands. They further resorted to gun firing. Sheo Charan, PW. 2, lodged first information report (Ex. P. 1) with the police station, Kela Devi, on March 2, 1968, at 12 noon. Police registered a case under Section 395, I.P.C. and started investigation. Station House Officer Faiz Mohammed, PW 20 reached the place of the occurrence without delay. Ramnath produced empty cartridges of 12 bore gun. The same were seized by the Station House Officer under memo Ex. P.8. Some of the accused were arrested in connection with another dacoity case. The accused Chammu furnished inform it ton to the police on July 5, 1968, that certain articles were available at his residence. That information was reduced into writing and is marked Ex. P. 14. Pursuant to that information the police recovered coat Article 1, blanket Article 2, 'Mathpool' Article 4, one pair of 'Toriyas' Article 5, and a torch Article 6, under memo Ex. P 13 On September 4, 1968, Amar Singh informed the Station House that he had sold certain ornaments to, an ornament dealer at Lashkar. This information was recorded and is marked Ex. P. 15. The Station House Officer reached Lashkar and recovered from Ramesh Chander, PW 25, one 'Bahi', containing an entry (Ex. P. 9) relating to the sale of ornaments, viz., one pair of 'Kadi' and a pair of 'Bangaria' (silver) After necessary investigation the police put up a challan against appellant Amar Singh and others in the court of the Monsiff Magistrate, Karauli. The said Magistrate conducted preliminary inquiry and committed the accused to the court of the Additional Sessions Judge, Gangapur City, to face trial under Sections 395, 397, and 324, I.P.C. The accused were charged under the aforesaid Sections of the Indian Penal Code, to which they pleaded not guilty. In support of its case the prosecution examined 31 witnesses and produced 18 documents. In their statements, recorded under Section 342, Cr.P.C. the accused made total denial of the crime, with which they were charged. They did not produce any evidence in defense. The trial court, by its judgment, dated July 9, 1970, acquitted all the accused of the offences under Sections 395/397 and 324, however, convicted Chammu and Amar Singh under Section 412, I.P.C. and sentenced each of them to seven years' rigorous imprisonment and to pay a fine of Rs. 1000/ - in default of payment of which to undergo further rigours imprisonment for one year.

(2.) AGGRIEVED by the above judgment, Chammu and Amarsingh have filed the present appeal. The contention of learned for counsel the appellants is that in so far as Amar Singh is concerned, the prosecution has not succeeded in establishing that the pair of 'Kari' or of 'Bangri' sold to Ramesh Chander, constituted stolen property and, therefore, Amar Singh could not have been convicted, under Section 412. I.P.C. Earned Counsel further submitted that the trial court went wrong in convicting the appellant Chammu for the offence under Section 412, as there is no evidence worth the name on the record that Chammu knew that the Articles 1, 2, 4, 5 and 6 were connected with the dacoity. Learned Deputy Government Advocate has supported the judgment of the court below.

(3.) I now pass on to the property having been recovered on the information and at the instance of the accused Chammu, P.W. 30 Station House Officer Faiz Mohammed had deposed that en July 8, 1968, when Chammu was in the Police custody, he informed that some pre party was kept by him at his house and that he congest it recovered. This information was reduced in to writing and is marked Ex. P.14. Consequent to that information the police recovered coat Article 1. blanket Article 2. 'Hathpool' Article 4, a pair of Toriyas' Ait. 5 and a torch Article 6 at the instance of the accused Chammu, vide Ex. P. 13. This recovery memo stands proved not only by Faiz Mohammed but by the Motbir Bhonru. P.W. 29 Johari says that the Articles 5 and 6 belonged to him. He identified these articles before the Magistrate conducting identification parade as also before the trial court. Article 1 and 2 have been identified by P.W. 2 Sheocharan and 'Hathphool' Article 4 has been identified P.W. 20 Ladu as his own property. The accused does not claim this property as his on. Keeping in the view above evidence the finding of the trial court about the recovery of the above articles on the information and at the instance of the accused Chammu is correct.