MILAP CHAND JAIN, J. - (1.) THE appellant Bhanwardan has been convicted of the offence under Section 411, IPC and has been sentenced to 2 -1/2 years rigorous imprisonment and to a fine of Rs. 1003/ -in default of payment of fine to further undergo one year's rigorous imprisonment.
(2.) AN armed robbery took place in the day light on 9 -1 -79 at the house of Gaina (PW 4) The report of the occurrence was lodged on the very day at 8 p.m. on 9 -1 -79 at the police station Ahore The whole house was ransacked. After necessary investigation, charge -sheet was presented against the five accused persons. Ultimately, all of them were tried by the learned Sessions Judge, Jalore who entered conviction of the appellant for the said offence. So far as the appellant Bhanwardan is concerned, admittedly, the charges against him was that he had received the stolen property dishonestly knowing it to be stolen. How far the prosecution has been able to establish the offence under Section 411, IPC has to be seen. The only evidence against the appellant is regarding the recovery of three ingots of gold and one ingot of silver. It was recovered from the possession of the accused in the presence of the witness Dhannaram (PW 17). The accused himself admitted that these articles were recovered by the police on being produced by him. The learned Sessions Judge recorded the conviction on the basis that in the information memo, there is a reference that the ornaments which were stolen were delivered to Bhanwardan. On the basis of the said information, in my opinion, it cannot be found that the stolen property was delivered to the accused as the ornaments were melted, so, the question of identification of the ornaments does not arise. Besides that, there is no other evidence on the basis of which, it cannot be found that the accused had received the stolen property dishonestly knowing it to be stolen. The necessary ingredients of the offence under Section 411, IPC are, therefore, not made out against the appellant Bhanwardan. No conviction of the appellant can be recorded simply on the basis of the recovery of ingots of gold and silver. The appellant, therefore, deserves to be acquitted for the offence under Section 411, IPC.
(3.) IN the result, the appeal is allowed, the conviction and sentence of the appellant are set aside and he is acquitted of the offence under Section 411, IPC. He is already on bail, so, he need not surrender to his bail -bonds, which are hereby discharged.;