DEEPAK MAHESHWARI,J. - (1.) FIR No. 194/1994 was lodged on 9th August, 1994 by Ram Chandra regarding theft committed in the house of his brother - Shanti Lal by breaking open the locks and doors of the house. It was also stated that nobody was at home at that time. After due investigation, charge-sheet came to be filed against three accused persons namely, Shambhoo Singh, Babu Singh @ Gopal Singh and Chail Singh for the offences punishable under Sections 457 and 380 of the Indian Penal Code (for short 'IPC').
(2.) On conclusion of the trial, learned Chief Judicial Magistrate, Jalore vide judgment dated 29th October, 1999, while acquitting all the three accused of the charges under Sections 457 and 380 IPC, convicted them for the offence punishable under Section 411 IPC. In the judgment, it was also ordered that the silver and gold ingots be handed over to Smt. Pani Devi, sister of the FIR lodger - Ram Chandra and Shanti Lal.
(3.) During trial, the claim over the said gold ingots only was also Laid by the present petitioner - Paresh Bhai, from whose possession, these ingots were recovered by the police on the basis of the information given by the accused Shambhoo Singh under section 27 of the Indian Evidence Act, but his application was rejected by the learned trial Court.;