STATE OF RAJASTHAN Vs. GANPAT LAL

JUDGEMENT

(1.) SINCE both these cases i. e. appeal filed by the State against acquittal of the respondents Ganpat Lal and Hiralal for the offence under Section 406, IPC and revision petition regarding disposal of the case property filed by the complainant gunwant Lal, arise out of the Judgment and order dated 7-8-1978 passed separately by the learned Additional Sessions Judge, udaipur, in Criminal Appeal No. 153/1977 and Criminal Revision No. 72/1977 and are related to the same FIR dated 9-12-1965 (Ex. P. 2) filed by the complainant Gunwant Lal before the Superintendent of Police, District chittorgarh, therefore, both are beng disposed of by this common judgment.

(2.) IN the FIR, it is alleged that an ancestral Haveli situated at Chhoti Sadri, District chittorgarh, was raided and searched by the department of Central Excise and Customs (sometime in July and August, 1965), which resulted in the recovery of huge quantity of gold bars about 232 kg. and silver bars about 7425 kg. along with gold and silver coins. During search, accused respondent Ganpat lal and Vaji Ram consoled the complainant gunwant Lal, whereby he developed confidence in him. After search, when he started repairs of his Haveli, he found 51 gold bars measuring three "sers" each which he handed over to Ganpat Lal, Heera Lal and vaje Ram, who took them to their houses. When amendment was made in the Gold control Act for declaration of the gold, he demanded gold bars from the abovenamed three persons but they returned only 7 gold bars and assured to return the remaining gold bars later on at an appropriate time but it transpired that they were not interested to return the same and had misappropriated it by selling out the same in the market. He, therefore, requested to seize the articles from the accused respondents, who have committed breach of trust. In the FIR, he also alleged that Balwant Singh is also involved in it. This FIR was sent to the concerned court of Chhoti Sadri on 13-12-1965. Aa per the prosecution story, a news bulletin was announced on 11-12-1965 that the accused respondent Ganpat Lal had offered to weigh the then Prime Minister Shri Lal bahadur Shastrl in gold. The broadcast was heard by Shri Chiman Singh, whom the investigation was handed over by the Superintendent of Police and he made an entry to this effect in the police diary. The complainant gunwant Lal was also informed about this fact by the Superintendent of Police. Prior to this announcement on 11-12-1965, an application was moved by the accused respondent Ganpatlal before the Government for contributing the gold nearly 4500 "tolas", equal to the weight of the then Prime minister Lal Bahadur Shastrl on his visit to chhotl Sadri and he requested that he may be permitted to deposit it in the District Treasury of Chittorgarh. Upon this, the Secretary to the Government, finance Department wrote a letter dated 10-12-1965 (Ex. P. 56)to the Collector, Chittorgarh to accept the gold in the Chittorgarh Treasury by giving receipt to the donor and the same may be sent to the Collector, Udalpur for keeping the same at the Treasury of Udaipur under custody through police guard. The news item to this effect was also published on 12-12-1965 in the newspaper "hindustan" Ex. P. 70, printed from New delhi on 10th December, 1965. Upon this, the complainant Gunwant Lal issued telegrams exs. P. 64, 66 and 68 on 12-12-1965 stating therein that he read the news item about weighing the then Prime Minister Lal bahadur Shastri in gold, which was belonging to him, for which he has lodged criminal complaint against accused Ganpatlal for breach of trust and the same was under investigation. On 16-12-1965, respondent ganpatlal moved an application before the collector, Chittorgarh that in pursuance to his commitment for donation of gold, he was prepared to hand it over vide Ex. P. 57 and consequently the police said to have recovered gold from the field of Ganpatlal vide ex. P. 3, which were in 44 pieces, out of which 7 big and 37 small piece of gold were dug from the field of respondent Ganpatlal weighing 57 kg. The same was deposited in the Government Treasury at Chittorgarh, the receipt Ex. D. 19 whereof was given to the accused Ganpatlal. On 18-12-1965, the investigating officer Chiman Singh (P. W. 52)moved an application Ex. P. 9 before the collector requesting him to permit the gold to be shown to complainant Gunwantlal. On seeing the gold, Gunwantlal claimed the same to be belonging to him but requested that some more gold is still lying with the accused respondents. On 19-12-1935, ganpatlal was arrested vide Ex. P. 72. Accused balwant Singh and Heera Lal were arrested on 1-3-1966. Balwant Singh died before the commencement of trial at whose instance, 3 pieces of gold weighing 4. 900 kgs. were recovered vide Ex. P, 26, On 7-3-1966, hlralal furnished information vide Ex. P. 75 and two pieces of gold weighing 2. 323 kgs. were recovered from him vide Ex. P. 25. During investigation, it was also found that some gold and gold ornaments were recovered from various persons, which evidence was not believed by the trial Court. After completion of the investigation, accused respondents along with Kishan Singh and bherulal were chargesheeted. After hearing the arguments on charge, accused Ganpatlal and Heeralal were charged under Section 406 IPC and Kishan Singh and Bherulal under Section 414 IPC. The prosecution examined 54 witnesses. The statements of accused were recorded under Section 342 of the old Criminal Procedure Code. After conclusion of the trial, Kishan Singh and bherulal were acquitted of the offence under section 414 IPC but respondents ganpatlal and Heeralal were convicted of the offence u/sec, 406 IPC and sentenced to three years' rigorous imprisonment by the assistant Sessions Judge, Udalpur vide his judgment dated 11-1-1975 and to pay a fine of Rs. 50000/- each and in default, to further undergo nine months' R. I. The gold articles were ordered to be delivered by the police to the concerned Gold Control Officer by virtue of Section 110 (2) of the Gold Control act. Both the accused viz. , Ganpatlal and Heeralal filed appeal against the order of conviction recorded by the Assistant sessions Judge. Udalpur. Learned Additional sessions Judge, vide his Judgment dt. 7th august, 1978, acquitted both accused respondents for the offence u/s. 406 IPC by holding that neither the complainant gunwant Lai has been able to establish his ownership over the gold nor entrustment of gold to the respondents has been proved. Learned Additional Sessions Judge also disbelieved the theory of demand, extra judicial confession and recovery. He also dismissed the revision petition of the complainant with regard to return of gold by holding that it has become infructuous on account of being acquittal of the accused and confirmed the order of return of gold to the Gold Control officer under Section 110 (2) of the Act, passed by the learned trial Judge.

(3.) AGAINST this, the State has filed an appeal against the order of acquittal and complainant gunwant Lal has filed a revision petition against the order of delivery of gold to the Gold Control Officer.