The court upheld the conviction of three accused under Section 412 IPC based on recovered stolen items, while acquitting others due to insufficient evidence and lack of identification.

JUDGMENT

Mr. Gurvinder Singh Gill, J.

This judgment shall dispose of the aforsaid three appeals which are directed against the same very judgment dated 12.9.2000 passed by learned Additional Sessions Judge, Faridabad.

2. While CRA-S-990-SB-2000 & CRA-S-1091-SB-2000 have been filed by the accused Raghbir, Gattan @ Riyasat and Khichu, who stand convicted for having committed offence under Section 412 of Indian Penal Code, CRA-D- 420-DBA-2001 has been filed on behalf of State of Haryana challenging acquittal of the aforesaid accused in respect of charges under Sections 332, 353, 395, 397 and 307 IPC and complete acquittal of the remaining remaining accused. Vide judgment dated 12.9.2000 passed by learned Additional Sessions Judge, Faridabad, accused Raghbir, Gattan @ Riyasat and Khichu have been sentenced as under:

3. The FIR in question came to be lodged on the basis of statement (Ex.PT) made by Gautam Chand on 3.6.1992, wherein it is alleged that on the night intervening 2.6.1992 and 3.6.1992 he went to sleep on the roof of his house as usual. However, during midnight he heard noises of a door being pushed. The complainant woke up and saw that 10-12 persons armed with weapons like axes etc. had entered into his house after breaking open the door and were beating children and the said persons were looting household articles as well as gold ornaments. After looting the house of complainant, the said persons entered into house of complainant's neighbour namely Babu Ram and committed dacoity therein as well. It is further the case of prosecution that pursuant to receipt of said information, the police rushed to the spot and had an encounter with the dacoits during the course of which Constable Vinay sustained gunshot injuries. It is alleged that the dacoits injured several other police officials and managed to escape from the spot. Investigation was conducted by the police, during the course of which cartridges were recovered from the spot; rough site plan of the place of occurrence was prepared and statement of witnesses were recorded.

4. On 29.6.1992, the police received information that 19 persons had committed dacoity in the house of Gautam Chand and Babu Ram and that the said persons had moved to Uttar Pradesh (UP) from Haryana on a tractor. The police conducted raids at several places and was able to intercept Massey- Fergusson tractor bearing registration No.UP-81-9284. The occupants of the said tractor were arrested and their search was effected leading to recovery of 3 gold coins from the possession of one Sapeeha, which were taken into possession by the police vide recovery memo Ex.PG. Three gold bangles were recovered from possession of one Fakruddin, while another 2 gold bangles were recovered from possession of Ram Kishore, which were taken into possession by the police vide recovery memos Ex.PF and PE, respectively.

5. It is further the case of prosecution that on 19.8.1992, accused Raghbir appeared before the police and produced a pair of gold ear-rings and 4 gold buttons, which were taken into possession by the police vide recovery memo Ex.PCC. The aforesaid recovered articles were duly identified by complainant Gautam Chand and Babu Ram as belonging to them. On 9.9.1992, a raid was conducted at the houe of Gattan, who was arrested and pursuant to his disclosure statement, he got recovered a pair of 'Kandula' one pair of 'pajeb' and one Hassali, which were taken into possession vide recovery memo Ex.PFF on 17.9.1992. He (Gattan) further disclosed that he had handed over some of the looted properties to his relativ