ORDER :

1. The instant Criminal Revision Petition filed under Section 397/401 of the Cr.P.C. against the impugned judgment dated 15.06.2007 passed by the learned Additional Sessions Judge, Bhinmal in Criminal Appeal No. 13/2007 as well as against the judgment dated 22.01.2007 passed by the learned Additional Chief Judicial Magistrate, Bhinmal in Criminal Regular Case No. 333/2006 whereby the petitioner Champa Lal was convicted for the offence under Section 411 of the IPC and sentenced to undergo six months’ simple imprisonment along with fine of Rs.100/- and in default, to further undergo seven days’ simple imprisonment and the appeal filed against the said judgment was dismissed.

2. Bereft of elaborate details, the brief facts giving rise to filing of the instant revision petition are that the petitioner was chargesheeted for committing an offence under Section 411 of the IPC. As per the charge sheet, a theft was committed in the intervening night of 15th and 16th October 2005 at Mahadevji Bhimeshwar temple near Village Kalapura by some unknown persons. During investigation, it was revealed that co-accused Chhagna Ram and Harchand Ram committed the offence of theft and the petitioner received the articles of gold and silver knowing it to be stolen one.

3. PW-1 Daulat Singh in his own statement at oath had deposed that a theft was committed in the temple and he lodged a report Ex.P/1 at the Police Station Jaswantpura, Bhinmal.

4. PW-2 Dalpat Singh was a Manager of the temple property. As per him, some gold and silver ornaments were stolen by unknown persons. The bill and vouchers of the stolen articles were not submitted by him.

5. PW-3 Narain Singh stated that site memo Ex.P/3 was prepared by the police officials in his presence.

6. PW-5 Mahendra Singh, the Investigating Officer, who conducted the investigation had deposed that he recorded the statements of witnesses and arrested the co-accused Harchand Ram and Chhagna Ram. He further stated that while in police custody co-accused Harchand Ram and Chhagna Ram made a disclosure statement to him that out of the total stolen property from the temple, they sold one silver bar and one gold article to the petitioner Champa Lal. It was his contention that pursuant to the information furnished by the accused Harchand Ram and Chhagna, he went to the shop of the petitioner and recovered one silver bar, a golden nose ring and 450 mg melted gold from the conscious possession of the petitioner and prepared the recovery Memo Ex.P/4. As per this witness, Kamlesh, the monk of temple was also present at the shop of the petitioner and at the time of recovery, he identified the recovered articles. It is notable that neither any bill vouchers of the ornaments were produced nor any mark of identification was mentioned by the complainant prior to recovery of articles as mentioned in Ex.P/4. It is also notable that the articles mentioned in Ex.P/4 are different to what were mentioned in the FIR. It is evident from the recovery memo that the description of property mentioned therein do not match with the property allegedly stolen from the temple.

7. PW-5 Mahendra Singh further asserted the fact that the accused Harchand Ram and Chhagna Ram made confession before him to the effect that they procured some of the stolen articles to the petitioner.

8. PW-6 Kamlesh, monk of the temple has stated that a theft was committed in the temple and recovery of one silver bar and a golden nose ring was affected at the instance of the petitioner.

9. PW-7 Vijay Bhadur stated that he was posted as a Constable of the police station Jaswantpura and he was produced to verify the fact of recovery from the shop of the petitioner. No independent witness has been produced to verify the fact of recovery.

10. After examination of the witnesses of the prosecution, the accused-petitioner was examined under Section 313 of the Cr.P.C. wherein he claimed to be innocent and made an explanation that he was falsely implicated. Thereafter, hear