BHANWARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision is preferred against the judgment dated 29-1-85 ssed by learned Sessions Judge, Jalore in Cr. Appeal No. 85/84 upholding the conviction and sentence awarded by learned Munsif and Judicial Magistrate first Class, Jalore dated 17-10-84 in Cr. Original Case No. 460/83 except with the modification that in place of running both the sentences passed u/Ss. 411 and 414 IPC conjectively both the sentences were to run concurrently. The accused Bhanwarlal has been convicted and sentenced u/S. 411 IPC for one year R.I. together with a fine of Rs. 500.00 and in default to further undergo three months' R.I. The petitioner has also been convicted and sentenced u/S. 414 IPC for a period of one year R.I. as stated above. Both the sentences were directed to run concurrently.

(2.) The case of the prosecution briefly stated are that in consequence of a written report of Shri Sakal Chand PW-34 at the Police Station Ahore on 11-2-82 at 5 p.m. a case u/S. 457 IPC was registered and later on the offence u/Ss. 380 and 411 IPC were added. In his report Ex. P/62 it is alleged by Sakal Chand that he had gone away out of State (Deshawar) after locking his house at Godan village. From Deshawar, he came to Jodhpur in connection with marriage of his brother-in-law which was to take place on 26-2-82 and from Jodhpur he comes to Godan to inspect his house and then he saw that the locks of doors were lying broken. In the report it was stated that the list of stolen articles will be submitted later on. The complainant Sakal Chand PW-34 submitted a list of stolen articles on 12-2-1982.

(3.) On the basis of aforesaid written report lodged by PW-34 Sakal Chand, the Investigating Officer arrived at the place of incident and prepared various memos and also took chance prints etc. The Investigating Officer having a suspicion against Babu Singh co-accused arrested him on 26-2-1982. The prosecution case further proceeded that in consequence of the information of arrested accused Babu Singh part of stolen property was recovered. The petitioner was arrested on 18-2-82. It is said that the Investigating Officer recovered and seized two silver ingots from Kilash Chand in consequence of the information of the petitioner and further made recoveries on 23-2-82 and 27-2-82 in consequence of subsequent information dated 26-2-82 and 27-2-82.