Case: Ajendra Nath Vs. State Of Madhya Pradesh

This appeal, by special leave, is directed against the order of the High Court of Madhya Pradesh reversing, on State appeal, the order of the Additional Sessions judge, Hoshangabad, acquiring the appellant, and convicting him of an offence under s. 414 I.bales, containing woollen shawls and mufflers despatched from Kanpur by the British India Corporation Ltd., Kanpur Woollen Mills Branch, Kanpur, and another bale despatched from (SCR at page 292) Haimanpur to Kanpur were loaded at Itarsi railway station on September 18, 1957, in Wagoa No. C.R. 325. The lock of the wagon wag found broken open at Pandhurna Railway Station at about 1.00 a.m. on September 20, 1957. on checking at Nagpur the aforesaid bales were found missing. One of the bales despatched from Kanpur was found lying the next morning near the railway line between railway stations Jaulkheda andSeptember 23, 1957, the house of one Gopi Nath, at Multai, was searched and certain articles, including some torn labels were recovered from thatsame day, the police found the appellant and a few other persons come out of Gopi Naths house at Betul, whose front door was locked. Subsequently, these persons were taken to the police station, where the appellant made a statement showing readiness to point out the stolen property. At his instance, the police recovered from different places of that house, woollen shawls, mufflers, bed-sheets and certain house-breaking implements. These recoveries were made on September 23 anda result of investigation, six persons were put on trial in the Magistrates Court. Ajendra Nath, appellant, was charged under ss. 120-B, 379 and 414, I.P.C. Babu Ram was charged under ss. 120-B and 379 I.P.C. Ram Prasad and Gyarsi were charged under s. 120-B read with s. 879 I.P.C., Gopinath under s. 120-B read with s. 414 I.P.C. and Birendranath under s. 414 I.P.C. The learned Magistrate acquitted Birendra Nath and convicted the other accused of the offence under s. 120-B read with s. 379 I.P.C., except in the case of Gopinath, who was convicted of the offence under s. 120-B read with s. 414 I.P.C. Ajendra Nath was also convicted of the offence tinder s. 414 I.P.C. On appeal, the learned Additional Sessions judge, Hoshangabad, acquitted all these convicted persons. He held that the property recovered was not proved to be stolen property and that the alleged conspiracy was not proved. The State filed an appeal against the acquittal of Gopinath and Ajendra Nath. The High Court dismissed the appeal against Gopinath and the appeal against Ajendra Nath for the offence of conspiracy. It however allowed the appeal against Ajendra Nath with respect to the offence under s. 414 I.P.C. It is against this order that this appeal has been filed by Ajendra Nath, appellant.Ajendra Nath did not question the recovery of the various articles from Gopi Naths house at Betul at his instance.

Reasoning:
It was also contended that it was not open to the High Court to record a finding about the recovered property to be stolen property when the Government had not appealed against the other co-accused who were acquitted on the basis of the finding that the property recovered was not proved to be stolen property. We do not see any force in this contention. The mere fact that the learned Additional Sessions judge acquitted the other accused on the ground that the property recovered was not proved to be stolen property did not preclude the State from appealing against the acquittal of the appellant against whom there is better evidence for establishing that he was in possession of the stolen property than the evidence was against the other co-accused. The State could challenge the correctness of the findings of the learned Additional Sessions judge about the property being stolen property and, consequently, the High Court can record its own finding on that question.Lastly, it was also urged that even if the identity of the articles recovered with the articles stolen be established, no offence under s.414 I.P.C. is made out against the appellant as the other accused have been acquitted and it is not known whom the appellant is supposed to have helped in concealing the stolen property. Section 414 I.P.C. makes it an offence for a person to assist voluntarily in stealing or disposing of or making away with property which he knows or has reason to believe to be stolen property. It is not necessary for a person to be convicted under s.414 I.P.C. that another person must be traced out and convicted of an offence of committing theft. The prosecution has simply to establish that the property recovered is stolen property and that the appellant provided help in its concealment and disposal. The circumstances of the recovery sufficiently make out that the property was deliberately divided into different packets and was separately kept. May be that the property failing to the share of a particular thief was kept separately. It was recovered from several different places in the same house. These places included an iron safe and an underground cellar. The evening before, several persons, including the appellant, were found to be coming out of the back door of the house which had its front door locked. The appellant also knew the whereabouts of the property inside the house of his maternal grandfather. He attempted to sell a few mufflers a day before the recoveries were made. He was seen arriving at the house, during the night, in a car with some persons and then removing property which looked like bales from the car to the house.