ARJUN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PW 1 Ravinder Singh Panwar set the criminal law into motion by filing a complaint (Ex.Ka -1) with the revenue police, Chopta, Jakhani, District Rudraprayag on 08.07.2013, enumerating the facts contained therein that in the intervening night of 6/7.07.2013, a theft was committed in his shop known as 'Panwar Sweet Shop, Chopta', whereby a cash of Rs.40,000/ -, a mobile phone, an ATM card, a PAN card, a driving licence and FD of Rs.50,000/ - were stolen. It was also stated in the complaint that Arjun Singh Rawat r/o Ponti (Choriyal village) was living in Chopta for the last 20 days. PW1 suspected him as accused, inasmuch as, he rang him up on his mobilephone on the next date of incident and enquired about the theft. PW1 requested the revenue police to trace out the call made by the accused on his mobile phone and take necessary legal action. The complaint reached the revenue police station on 19.07.2013 at 10:00 AM.

(2.) INVESTIGATION began on the basis of said complaint. After investigation of the case, a charge -sheet was submitted against the accused for the offences punishable under Sections 380, 457, 411 IPC. When the trial began and prosecution opened it's case, charge against accused -revisionist was framed for the selfsame offences. Accused pleaded not guilty to the charge and claimed trial.

(3.) PW 1 Ravinder Singh, PW2 B. S. Bharti, S.O., PW3 Constable Pankaj Bisht, PW4 Surender Singh, PW5 Darshan Singh, PW6 Narendra Singh Rawat and PW7 Durga Singh Rawat were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in reply to which he said that he was falsely implicated in the case. No evidence was given in defence.