For conviction under Section 411 IPC, prosecution must prove accused's possession of stolen property and knowledge of theft, beyond reasonable doubt.

JUDGMENT :

TARUN SAXENA, J.

1. Heard learned counsel for the appellant, learned AGA for the State and perused the record.

2. This criminal appeal has been preferred by the accused-appellant against the judgment and order dated 21.12.1988 passed by the Special Judge, Dacoity Affected Area (DAA)/ 4th Additional Sessions Judge, Eta in Special Session Trial No. 567 of 1984, whereby the trial court convicted the appellant under Section 411 I.P.C. and sentenced him to undergo rigorous imprisonment of two years.

3. In brief, the prosecution story before the trial court was that accused appellant Ram Niwas along with three other persons on 02.03.1984 at some time after 4:00 P.M., in the local territory of village Yaqootganj within the limits of Police Station Sahawar, District Etah committed robbery and looted a tractor 'Escort' along with a trolley from the possession of Natthu son of Ram Chandra, who is the complainant of the case. That tractor was in joint ownership of one Mahendra Pal Singh and Prem Singh who were the residents of town and Police Station Bilsi, District Badaun. Later on 30.03.1984 in the local territory of village Nagla Ulfat, within the circle of Police Station Soron, one of the accused namely, Natthu Ram was found in possession of a wheel of a tractor, knowingly or having reason to believe that the aforesaid property was stolen property, and on 04.06.1984, at about 3:30 P.M., in the jungle of Buri Ganga, near the Nala, within the limits of village Tali, Police Station Soron, a tractor and a trolley were also recovered from the possession of the accused persons. An F.I.R. has been registered on 02.03.1984 at about 8:45 P.M. at the police station Sahawar, by the complainant Natthu alleging therein that he was the driver of Mahendra Pal and Prem Singh and he used to drive the tractor. On 02.03.1984, one unknown person took the tractor on rent for the purpose of transportation of the potatoes from Mahendra Pal Singh and Prem Singh. Thereafter, three persons also sat with those unknown persons in village Nagariya on the pretext that they were labourers. When they all reached near village Yaqootganj, on the road, the aforesaid persons put down the complainant in the hillocks of sand by tying his hands and foot and went away taking the said tractor.

4. The investigation of this case was entrusted to S.I. Sri Lal Singh, Police Station Sahawar. He reached the place of occurrence and recorded the statements of witnesses. During investigation, the stolen tractor was recovered on 30.03.1984 from the jungle within the limits of Nagla Ulfat, Police Station Soron, and a recovery memo was prepared in this regard. A wheel of the said tractor was recovered from the house of Natthu Ram and its recovery memo was also prepared during the investigation. On 04.06.1984, accused Ram Niwas, who is the appellant in this case was arrested by the police of Police Station Sahawar in another Crime No. 112 of 1984, under Section 25 of Arms Act and he confessed about the robbery of the said tractor and assured that he could get the trolley of the tractor recovered. The said trolley was recovered on 04.06.1984 at about 3:50 P.M. on pointing out of Ram Niwas near the Nala of Buri Ganga in the local limits of village Bali and a recovery memo was prepared by the Investigating Officer. The Investigating Officer also inspected the place of the recovery of the stolen tractor and prepared its site plan.

5. The charges under Sections 392 and 411 I.P.C. were framed against the accused appellant after submission of the charge-sheet. Accused denied all the charges and claimed to be tried. In his statement recorded under Section 31