Rajasthan High Court - Jodhpur
Vilas Bhai vs State And Anr. (2024:Rj-Jd:37936) on 12 September, 2024
Author: Birendra Kumar
Bench: Birendra Kumar
[2024:RJ-JD:37936]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 997/2016
Dalpat Bhai S/o Mani Lal, B/c Shah Jain, R/o Jangirpura Asarwa,
Ahmedabad (Gujarat).
----Petitioner
Versus
1. The State of Rajasthan.
2. Kishore Kumar S/o Late Babulal, B/d Jain, R/o Guda Balotan,
Tehsil Ahore, District Jalore.
----Respondent
Connected With
S.B. Criminal Revision Petition No. 998/2016
Vilas Bhai S/o Sidhu Jadhav, B/c Jadhav, R/o 442, Kandoi
Khiraki, Manak Chowk, Ahmedabad.
----Petitioner
Versus
1. The State of Rajasthan.
2. Kishore Kumar S/o Late Babulal, B/c Jain, R/o Guda Balotan,
Tehsil Ahore, District Jalore.
----Respondent
For Petitioner(s) : Mr. Abhishek Sharma
Mr. D.S. Sodha
For Respondent(s) : Mr. Prem Singh Panwar, PP
Mr. Pradeep Shah with
Ms. Komal R. Verma
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
Reserved on :- 06/09/2024
Pronounced on :- 12/09/2024
1. The background leading to these criminal revisions is that;
one Babulal lodged Aahor PS Case No.127/1997 under Sections
457 and 380 IPC against unknown.
[2024:RJ-JD:37936] (2 of 3) [CRLR-997/2016]
2. According to FIR, the informant had gone to his residential
house in Gudabalotan. The informant had a shop at Sheetal
Durga. After fifteen days, the informant returned back and saw
that lock of his house was broken and theft of gold ornaments
referred in the FIR as well as silver utensils was committed.
During investigation, the informer of the police gave feedback that
accused Shambhoo Singh, Baboo Singh and Chel Singh were
involved in the theft. Thereafter, those persons were arrested by
the police and on their disclosure under Section 227 of the
Evidence Act, from the possession of the petitioner - Dalpat Bhai,
gold biscuits and from the possession of Vilas Bhai two silver
biscuits were recovered, on suspicion that ornaments and utensils
were melted and converted as biscuits. The trial of those accused
persons resulted in conviction, which was upheld up to this Court.
3. Thereafter, the petitioners and respondent No.2 brought a
proceeding under 452 CrPC vide Criminal Misc. Case No.338/2007
claiming the seized gold and silver biscuits.
4. By judgment dated 14.06.2011, learned Chief Judicial
Magistrate, Jalore directed that the gold and silver biscuits be
returned to Kishore Kumar, son of the informant, after expiry of
the period of appeal and revision. The said order was challenged
by petitioners - Dalpat Bhai and Vilas Bhai in Criminal Appeal
Nos.26/2011 & 27/2011 under provisions of Section 424 CrPC. By
the impugned order dated 12.07.2016, the said criminal appeals
were dismissed.
5. Learned counsel for the petitioner submits that in fact the
stolen property i.e. gold ornaments and silver utensils were not
recovered from the possession of the petitioners, rather, gold and
[2024:RJ-JD:37936] (3 of 3) [CRLR-997/2016]
silver biscuits were recovered. There was no evidence that in fact
the stolen property was melted and converted into gold biscuits.
The petitioners had produced receipts of purchase of gold and
silver biscuits vide Ex.4, 5 & 6. Respondent No.2 had not produced
any documentary evidence. Therefore better claim was of the
petitioners, from whose possession recovery was made. It could
not be established that the same were made after melting the
ornaments of the informant.
6. Learned counsel for the informant submits that production of
the purchase receipts is not necessary in each and every case. Old
purchase of the ornaments and utensils made by the family and
negligence in keeping receipts would not falsify the claim of
respondent No.2.
7. Evidently, both the courts have failed to consider that there
was complete lack of evidence that the biscuits recovered from
possession of the petitioners were stolen property or were made
from the stolen property. Hence, bonafide claim is of the
petitioners. Therefore, impugned orders suffer from impropriety.
8. Accordingly, the same are set aside and it is directed that the
seized gold and silver biscuits be returned to the petitioners on
execution of bond of Rs.50,000/-.
9. Accordingly, these revision petitions stand allowed.
(BIRENDRA KUMAR),J
243-244-nitin/-
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