KARNI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Karni Singh has preferred this revision against the appellate judgment D/- 8-10-98 passed by the learned Addl. Sessions Judge No. 1, Sri Ganganagar whereby he upheld the conviction of the petitioner under Ss. 454 and 380, I. P. C. and sentence of one year R. I. and a fine of Rs. 100/- under each count.

(2.) On 1-5-96 Arun Kumar, P. W. 1 had lodged a report alleging that burglary had taken place in his house No. 166, G-Block, Ganganagar, when he and his wife were away. It was alleged that the thief had taken away Rs. 82,000/- cash, silver and gold ornaments. On this report a case u/Ss. 454 and 380, I. P. C. was registered. The police during investigation arrested two persons viz. Karni Singh and Rajesh Kumar and recovered the stolen property at their instance. After the completion of the investigation a challan was filed. Charges under Ss. 454, 380 and 411, I. P. C. were framed against both the accused who pleaded not guilty. The prosecution examined P. W. 1 Arun Kumar, P. W. 2 Smt. Neelam, P. W. 3 Praveen Kumar, P. W. 4 Samun Ali, P. W. 5 Mahendra Kumar, P. W. 6 Ramgopal, P. W. 7 Harbhajan Singh, P. W. 8 Kesari Chand, P. W. 9 Subhash Sawhney and P. W. 10 Rajendra Prasad. Accused in their statement under S. 313, Cr. P. C. denied accusation. After hearing the counsel for the parties, the learned Magistrate found the charges under Ss. 454 and 380, I. P. C. proved against both the accused. He, therefore, convicted and sentenced them as stated above. Accused Rajesh was also convicted under S. 25(3) of the Arms Act. The appeal preferred by Karni

(3.) Mr. Garg contended that there is no evidence on record showing that the petitioner had entered into the house of Arun Kumar. As the recovery had taken place three months after the occurrence, he contended, the petitioner could be convicted under S. 411, I. P. C. only. He, however, did not challenge the finding of the trial Court that the stolen property was recovered at the instance of the accused-petitioner.