P.N.Goel - (1.) JUGAL Kishore has been convicted and sentenced under section 412 IPC to undergo RI for 5 years.
(2.) ON the night between 27th and 28th May, 1968, a dacoity was committed at the house of Radha Kishan, (PW 1) in village Niyaji, hamlet of village Jalalpur Panchama, police station Kannauj, district Farrukhabad. In this dacoity the dacoits, inter alia, took away 48 silver lachhas. ON 3-9-1968 Brij Raj Singh, arrested the appellant from his house in Khapra Mohal in the city of Kanpur in connection with a dacoity of village Udaipurwa within police station Thatia in the presence of Shakur, Budhu Lal PWs 6, 10 and Sri M. D. Maurya, Deputy Superintendent of Police and recovered 20 silver lachhas, Ex. 3. The appellant was made under cover. ON 7-11-1968 Sri M. N. Sharma, Magistrate put up these lachhas for test identification. Lachhas were identified by Radha Kishan and his son Prabhat Kumar PWs 1 and 2. The appellant was also put up for personal identification. He was identified by 3 witnesses. Consequently the appellant was tried for the offences punishable under sections 395 and 412 IPC. As the evidence of personal identification was not believed, the appellant was not convicted under section 395 IPO.
(3.) THE appellant did not claim to be the owner of the lachhas. He contended that the lachhas were not recovered from his possession. It was suggested on his behalf that the lachhas were taken from Radha Kishan and were then shown to have been recovered from his possession. The learned Trial Judge has believed the testimony of Brij Raj Singh Tomar Shakur and Budhu Lal and as such held that the lachhas were recovered from the possession of the appellant. Hence the appellant was convicted under section 412 IPC.;