RAGHU TIRKEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS judgment shall govern Criminal Revision 229/ 2005 preferred by Raghu Tirki and also Criminal Revision No. 79/2000 preferred by Ashwaghosh. In both the revisions, the applicants above mentioned have assailed the common judgment dated 4.5.2005 delivered by Shri H.S. Markan, learned Sessions Judge, Surguja, Ambikapur (C.G.) in Criminal Appeal No. 113/2003 (Ashwaghosh Xalxo v. State) in Criminal Appeal No.118/2003 (Raghu Tirkey v. State) whereby conviction of the applicants herein for offences under Section 454 & 380 I.P.C. and the sentence of Simple Imprisonment for one year and a fine of Rs. 500/- each, in default to undergo additional S.I. for one month on each count recorded by Shri V.K. Chanakya, Chief Judicial Magistrate, Ambikapur vide judgment dated 25.03.2003 in Criminal Case No. 1129/99 was affirmed. Briefly stated the prosecution story is that on 5.12.1999 between 8.30 and 9.00 A.M. applicants-Ashwaghosh, Raghu and one Rajendra Kujur entered the Mission hostel in Lakhanpur and after breaking open the locks of the rooms of Sister Filo P.W.2, Sister Sabina P.W.3, Sister Latina, Sister Divya, Sister Mariya committed theft of cash Rs. 29,945/-, one Camera, one Umbrella one V.C.P., one Bag, one torch and two purses. The inmates of the hostel, upon being informed that the thieves were going towards Lakhanpur, chased them. Meanwhile, Sister Filo P.W.2 lodged F.I.R. in Police Station Lakhanpur at 9.10 A.M. vide Ex. P.1.

(2.) APPLICANTS Raghu Tirkey and co-accused Rajendra were apprehended near the high school ground in Lakhanpur by one Manuel, Edward P.W.4 and one Gulabram P.W. 6. One black coloured leather bag, total cash Rs. 8,800/- and one iron Saw kept inside the B.C.P. bag were seized vide Ex.P.7 from co-accused Rajendra Kujur. One old plastic bag, one folding umbrella, one table watch, one torch on which the name of Sister Gloriya was written and one Canon Camera were seized vide Ex.P.9, one leather purse, one iron rod and cash of Rs. 10,700/- were also seized vide Ex.P.10 and Rs. 730/- were seized vide Ex.P.11 on 5.12.99 from the applicant Raghu Tirkey. On 11.12.99 one green coloured full pant and one blue coloured new full sleeves shirt were seized from the applicant Ashwaghosh Xalxo. None of the articles seized were subjected to identification by Sister Filow P.W.2 or the inmates of Mission Hostel. After completion of investigation, the applicants Raghu Tirkey, Ashwaghosh and co-accused Rajendra Kujur were prosecuted.

(3.) HAVING heard rival contentions, I have gone through the record. So far as the fact of commission of theft inside the Mission Hostel in Lakhanpur is concerned, it is fully established by the testimony of Sister Gloriya P.W.1, Sister Filow P.W.2. Their unrebutted testimony establishes that after breaking open the locks of many rooms inside the Mission hostel, a V.C.P. Bag, torch, Camera, table watch, Umbrella and cash Rs. 29,000/- had been stolen.