IMPORTANT POINT
The evidence relating to recoveries is not similar to that contemplated under section 103, Cr. P.C., where searches are required to be made in the presence of two or more inhabitants of the locality in which the place to be searched is situate.

JUDGMENT

J. D. Jain, J.-Both the appellants have been convicted of an offence under Section 392 read with Section 34 of the Indian Penal Code (for short 'I.P.C.') by an additional Sessions Judge vide his judgment dated 30th July, 1983. They have been sentenced to rigorous imprisonment for three years each. Feeling aggrieved they have preferred separate appeals mentioned above against their conviction and sentence.

2. The prosecution case in brief is that on 7th May, 1981 at about 10.30 P.M., C.R. Bose (P.W. 8) was going on his two wheeler scooter bearing registration No. DEJ-3900 on Station Road, having entered the same from the crossing called New Partap Chowk. He was told by two boys that the road was blocked ahead. However, he paid no heed to the same but when he reached main Palam Road he found that the road was completely blocked and there was no space to go ahead with the vehicle. So he returned to New Partap Chowk. As he was near it, two boys standing there stopped him. They had a dagger each in their hands and they put the same on his chest and back and bade him to hand over all his belongings. Saying so they removed his purse which contained about Rs. 150/- from his hip pocket and they also removed his wrist watch HMT make which he was wearing. Another boy also joined them in the meanwhile and all three of them they took away his scooter telling him to stay there and not to raise any alarm. They further told him that they would return his scooter after a few minutes. However, they did not come back. He lodged report Ex. P. W. 8/A at Police Post Dhaula Kuan with regard to this incident and a case under Section 382, 397 I.P.C. was registered at Police Station Delhi Cantt. being F.I.R. No. 112 of 1981. The investigation of the case was entrusted to Inspector Gajendra Singh, who was then Incharge Police Post Dhaula Kuan.

On 10th May, 1981 Head Constable Jai Chand and Constable Sardar Singh, who were then posted at Police Station Sultan Puri and were on patrol duty in the area at about 9.45 A.M. noticed that a two wheeler scooter in a damaged condition was lying abandoned in an open plot towards the backside of Shobha Cinema. It was Bajaj make and bore registration No. DEI-3900. They enquired from passers-by about ownership of the scooter but there being no claimant they seized the same vide memo Ex. P.W. 1/4 and deposited at Police Station Sultan Puri. On 12th May, 1981 Inspector Gajender Singh (P. W. 11) came to know that a two wheeler scooter had been deposited in the Mal Khana of Police Station Sultan Puri. So, he went there alongwith the complainant - C.R. Bose. The latter identified the said scooter to be his. Therefore, it was taken into custody by Inspector Gajender Singh vide memo Ex. P. W. 11/D.

3. On 3rd June, 1981 S.I. Chander Kant, Police Station Punjabi Bagh, happened to be on patrol in his area alongwith constable Mangal Ram (P.W. 9). He receiving a secret information at about 6.30 P.M. that a person was going to the liquor vend to sell stolen properly. He prepared a raiding party comprising police officials as no member of the public was ready to join the same. On the pointing out of the informer, Hari Shankar @ Pammi-appellant was arrested. The latter was then having a cycle and was also wearing a wrist watch (Ex. P. 4). The police took into possession both the, articles vide memo Ex. P.W. 14/1. His disclosure statement Ex. P.W. 14/8 was recorded and a cause (F.I.R. No. 245) was registered at Police Station Punjabi Bagh. On receiving information that Hari Shankar appellant had been arrested at Police Station Punjabi Bagh, Inspector Gajender Singh took him into custody in the instant case from outside the court of Shri R. N. Jindal on 4th June, 1981 as he had been taken there for remand. He again stated that the purse was with Dharam Raj-appellant and his statement Ex. P.W. 2/1 was recorded. On 8th June, 1981; Inspector Gajender Singh made an application (Ex. P.W. 5/0) to the concerned Magistrate Shri R. S.