1. Leave aranted.

2. Six persons wearing black clothes, entered the house of Rameshchandra Sawarmal Bagdiaya, situated at Akola Road. Hingoli, on the night intervening 17th and 18th July,. 2009 at about 1 am after breaking open the main gate. At the time of the break in, Rameshchandra Sawarmal Bagdiaya and his wife Kirandevi were at the residence. Having threatened Rameshchandra Sawarmal Bagdiaya and his wife, the assailants demanded keys to an “almirah” (storage cabinet) in the premises. Rameshchandra Sawarmal Bagdiaya informed them, that the keys were in the drawer of a table in their room. Having recovered the keys from drawer, the intruders opened the “almirah”. From the “almirah”, they took away gold and silver ornaments besides cash. In addition, they took three gold finger-rings and a gold chain from the person of Rameshchandra Sawarmal Bagdiaya, and a gold “mangalsutra” (wedding chain) and gold bangles from the person of Kirandevi.

3. From the statement made by Rameshchandra Sawarmal Bagdiaya. it came out, that the assailants collectively took away three gold finger-rings, one “mangalsutra” one gold locket, two gold bangles, two ear-tops, one gold bar weighing three tolas (30 grams), one ladies finger-ring, two “patlyas” (thick bangles), a number of silver chips weighing 1 kilogram each, 150 silver coins and Rs. 1,93,000/- cash.

4. In the process of solving the crime, Vishwanath Gavali was the first to be arrested by the investigating officer. Vishwanath Gavali, disclosed the names of some others, involved in the incident. Thereafter, in November, 2009, three accused Hanuman Kale, Ganesh Kale and Kathalu alias Sigret were arrested. In January of the following year, Khetrya was also apprehended. On information furnished by him, Roshan alias Dhonya and Kiran, were arrested in February, 2010. These arrests led to the disclosure of the identity of the owner of the car used in the crime. Thereupon Shaikh Javed, the car owner was arrested. Shivaji Kale was the last to be arrested from amongst the intruders.

5. Even though Shivaji Kale (accused No. 8) had disclosed the name of Sanjay alias Kaliya as one of their associates in the crime he could not be arrested, as he was absconding. He was, however, arrested after the submission of the chargesheet, whereupon a supplementary chargesheet was filed implicating Sanjay alias Kaliya.

6. The aforesaid ten accused were allegedly responsible for the dacoity. One of them, Shivaji Kale (accused No. 8) disclosed, during the course of investigation, that he had stolen four silver chips (weighing 1 kilogram each) from the residence of Rameshchandra Sawarmal Bagdiaya, and had sold the same to Pramod Bhanudas Soundankar, a jeweller. The four silver chips stolen by the accused Shivaji Kale were recovered from the shop of Pramod Bhanudas. Soundankar-appellant. Pramod Bhanudas Soundankar-appellant was proceeded against (as accused No. 11) for dishonestly having received stolen property (under sections 411 and 412 of the Indian Penal Code, 1860 (hereinafter referred to as “the IPC), knowing (or having reason to believe) that it was stolen.

7. The instant appeal has been filed by the aforesaid Pramod Bhanudas Soundankar-appellant. During the course of hearing, the solitary contention advanced at the hands of the learned counsel for the appellant was, that the trial Court, as also the High Court, had seriously erred in holding the appellant Pramod Bhanudas Soundankar guilty, under section 412 IPC. It was the contention of the learned counsel for the appellant, that the evidence produced by the prosecution during the trial of the case, could at best, result in the conviction of the appellant under section 411 IPC. In the aforesaid view of the matter, the sole question which arises for our consideration, in the present appeal is confined to the issue, whether the Courts below were justified in holding the appellant Pramod Bhanudas Soundankar guilty of having committed the offence punishable under s