Crl. Revn. No. 83 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revn. No. 83 of 2011 (O&M) Date of decision:- 26.05.2011 Gaurav Arora ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Navneet Singh, Advocate for the petitioner. Mr. Kshitij Sharma, AAG, Haryana RITU BAHRI J.(Oral) This criminal revision petition is against the order dated 01.11.2010 passed by Sessions Judge, Gurgaon affirming order dated 22.02.2010 passed by JMIC, Gurgaon. The petitioner and his co-accued Dharmender had been held guilty and were sentenced to undergo simple imprisonment for a period of three years each and to pay a fine of Rs.2000/- each for the commission of offence punishable under Section 454 of Indian Penal Code (for short ' the IPC') and in defulat of payment of fine they shall further undergo imprisonment for a period of two months. They were also sentenced to undergo simple imprisonment for a period of two years each and to pay a fine of Rs. 1000/- each for the commission of offence punishable under Section 380 IPC and in default of payment of fine, they shall further undergo imprisonment for a period of one month and the convicts were also sentenced to undergo simple imprisonment for a period of one year each and to pay a fine of Rs.1000/- each for the commission of offence punishable under Section 411 IPC and in default of payment of fine they shall further undergo Crl. Revn. No. 83 of 2011 (O&M) -2- imprisonment for a period of one month. All the sentence were ordered to run concurrently. Brief facts of the case are that on 15.06.2009, PW3 Ram Kumar Sub Inspector arrested the present petitioner, accused- Dharmender, Kamal and Durgesh in case F.I.R No. 94 dated 15.6.2009 under Sections 399, 402,25-54-59 of Arms Act at Police Station Sector 56, Gurgaon. Thereafter, accused Dharmender suffered a disclosure statement that he was involved in 11 such incidents. Petitioner Gaurav Arora got recorded his disclosure statement stating that he was involved in 13 such like incidents. Their testimony has further been corroborated by EHC Mohan Singh, PW2. Dharmender, co-accused of the petitioner, who was declared proclaimed offender on 29.10.2010. The recoveries were made from the house of petitioner- Gaurav Arora, in which two idols of Ganesh Ji made of silver, 20 silver coins, one pair of Pajeb and othere articles were recovered. The recoveries were also made from accused Dharmender in which police recovered one Laptop and LCD and six glasses of silver, which were taken into possession. Counsel for the petitioner has argued that no public witness was joined by the police at the time of confessional statement of the accused. Counsel for the petitioner has further argued that Investigating Officer have not cited the finger print expert as witness. He further contends that petitioner has been falsely implicated on account of the disclosure statement made by them. There is no force in these contentions. The complainant has duly identified the stolen articles recovered from the accused at his instance. The specimen finger prints of the accused were checked by Hukam Chand, Finger Print Expert at the spot which matched. In view of the recovery being duly proved, no ground for interference in the judgment dated 01.11.2010 passed by Crl. Revn. No. 83 of 2011 (O&M) -3- Sessions Judge, Gurgaon and order dated 22.02.2010 passed by JMIC, Gurgaon is made out. Dismissed. May 26, 2011 ( RITU BAHRI ) G.Arora JUDGE