NARAYAN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER : - This Criminal Revision Petition under S.397 read with S.401, Cr.P.C. has been filed against the appellate judgment dated 11-8-88 passed by the learned Addl. Sessions Judge, Bikaner, whereby the judgment and order convicting the accused-petitioner under S.411, I.P.C. was upheld but, his conviction and consequential order of sentence under S.379, I.P.C. was set aside. A sentence of one year's R.I. was also imposed under the aforesaid section on the petitioner. His co-accused petitioner Megh Raj was, however, acquitted of offence under S.379, I.P.C.

(2.) Briefly stated the facts giving rise to the present petition are that P.W. 1 Ramesh Chandra is the registered owner of Java Motor-Cycle No.RJF 5353. It was on 18-8-82 at about 5.30 p.m. that he had gone to the residence of one Dharm Pal, Advocate, situated in Rani Bazar, Bikaner. He parked his motorcycle out-side the residence of Dharm Pal. When he came out of the house, He found his motorcycle missing from there. Accordingly, he lodged F.I.R.No.Ex.P.1 at the Police Station, Kotgate, Bikaner about the theft of his motorcycle on which F.I.R. No. 273/82 was registered and investigation was taken up. During the course of investigation, it was on 21-8-81 that Brij Ratan alias Sainti was found riding the motorcycle and driving it near Rani Bazar of Bikaner while accused Megh Raj was his pillion rider. P.W. 5Ram Chandra, who was also posted at the Police Station Kotgate, Bikaner, happened to intercept the same and, he immediately apprehended both the motorcyclists and seized the motorcycle vide Ex.P.3. recovery memo. It was on 22-8-82 that the accused-petitioner was also arrested vide Ex.P.7 by Ram Chandra, A.S.I and, on interrogation, he gave Ex.P.8 information purporting to be one under S.27 of the Evidence Act to the affect that he had kept the monogram (Art.1) of Lion, imprinted in metal, on a plate in the 'Gummaria' of his house and, consequently, he led Ram Chandra and his associates to the said place of his residence wherefrom, on 25-8-82, monogram (Art.1) was recovered vide Ex.P.4 recovery memo, P.W.1 Ramesh Chandra was also present at the place of alleged recovery who immediately identified the monogram as the one which was fixed on the rear side of the motor cycle at the time of the theft.

(3.) On completion of investigation, police filed a charge-sheet under Ss.379 and 411, I.P.C. against all the three accused-persons in the court of Chief Judicial Magistrate, Bikaner. The learned trial Magistrate charged Brij Ratan as well as Megh Raj under S.379, I.P.C, while the accused - petitioner was charged under S.379, I.P.C. and, in the alternatively, under S.411, I.P.C to which all of them pleaded not guilty. Consequently, the prosecution examined as many as seven witnesses in support of its case.