VINOD KUMAR CHOUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Being aggrieved by the judgment dated 19.1.2004 passed in Criminal Appeal No.8 of 2003 by the 2 nd Additional Sessions Judge, Raigarh, arising out of the judgment dated 10.1.2003 passed in Criminal Case No.531 of 2002 by the Judicial Magistrate First Class, Raigarh, the accused/Petitioner has preferred the instant revision under Section 397/401 of the Code of Criminal Procedure. By the judgment dated 19.1.2004, the learned Additional Sessions Judge has convicted and sentenced the Petitioner has under:

(2.) Case of the prosecution, in brief, is that Complainant Aarang Ram (PW-1) was employed as a Seller in Adim Jati Sahakari Samiti situated in Village Khamhar (henceforth 'the Society'). On 1.4.2002, at about 4:00 p.m., the accused/Petitioner came to the office of the Society to purchase kerosene. At that time, the Complainant was working in the office of the Society and Peon of the Society Kapoorchand (PW-3) was present out of the office of the Society. The Complainant had kept his own cash of Rs.4,030/- near him in a plastic bag. The Petitioner came there and asked to supply him 800 litres of kerosene. On this, the Complainant, to measure the kerosene kept out of the office of the Society, came out of the office, but the Petitioner remained present and sit in the office of the Society. The Complainant measured 800 litres of kerosene, returned inside the office and asked the Petitioner for payment of the bill of Rs.7,296/- for the 800 litres of kerosene. The Petitioner paid a sum of Rs.6,000/- only and saying that he would bring remaining amount for payment, went on his bike towards Gorpar. After the Petitioner's going away, the Complainant, for keeping the sum of Rs.6,000/- in his plastic bag, opened the bag. On opening the bag, he found that his sum of Rs.4,030/-, which was already kept in the bag by him, was not there and was missing. Even after making search, the amount was not found there. Since the Petitioner was sitting alone in the office of the Society while the Complainant was measuring kerosene, the Complainant suspected on the Petitioner. After sometime, the Complainant narrated about the incident and the Petitioner to the Office Peon Kapoorchand (PW-3), the President of the Society Meghnath (PW-4) and the Manager of the Society Laxminarayan Patel. They also searched for the missing sum but could not trace it. In the meanwhile, Savitribai (PW-2), a resident of Village Khamhar told the Complainant that on the date of incident itself, at about 4:30 - 5:00 p.m., the Petitioner had come to her and given her a sum of Rs.4,000/- and thereafter had gone away, but after some time, he returned to her and took back the amount of Rs.4,000/- from her. The amount of Rs.4,030/-, missing from the plastic bag of the Complainant, was in the denomination of Rs.50 x 80 and Rs.10 x 3. The Complainant lodged a report of the incident in the concerned Police Chowki on 2.4.2002 on which an investigation took place into the offence. Memorandum statement (Ex.P-3) of the Petitioner was recorded and at his instance, a sum of Rs.4,030/- in the denomination of Rs.50 x 80 and Rs.10 x 3 was seized from the locker of his almirah kept in his house vide Ex.P-4. Statements of witnesses were recorded. Thereafter, a charge- sheet was filed against the Petitioner under Section 380 of the Indian Penal Code in the Court of Judicial Magistrate First Class, Raigarh.

(3.) The Judicial Magistrate First Class, Raigarh conducted trial and by the judgment dated 10.1.2003 convicted the Petitioner for the offence under Section 380 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 1 year and to pay fine of Rs.500/- with default stipulation. Being aggrieved by the judgment of the Trial Court, the Petitioner preferred an appeal in the Court of Session at Raigarh. The 2 nd Additional Sessions Judge, Raigarh by the judgment dated 19.1.2004 dismissed the appeal of the Petitioner and affirmed the judgment of conviction and sentence passed by the Trial Court.