VINOD KUMAR Vs. STATE

JUDGEMENT

(1.) Heard Sri L.K. Ti wari learned Counsel for the revisionists; Sri P.S. Mehra learned Counsel for the respondent No. 1 and learned A.G.A. for the State.

(2.) This is a revision against the judgment and order dated 25.1.1985 passed by Sri D.L. Soni, the then Sessions Judge, Pauri in Criminal Appeal No. 28 of 1984, Vinod Kumar Vs. State , confirming the conviction and sentence awarded against the revisionist under section 457/380 Penal Code by the Chief Judicial Magistrate, Pauri in Criminal Case No. 467 of 1983.

(3.) The facts, in brief, giving rise to this revision are that on 4.9.1982 at about 9 p.m. Harshpati locked the doors of Chowki building and went to-the room occupied by Khet Singh peon. At about 11 P.M. on reaching near the Chowki building, Harshpati found some one running away. He found the doors of rooms in the Chowki open and the locks were found broken. Soon after he saw the revisionist coming out of his room with an attache case and arrested him. That attache case belonged to the complainant who had kept Rs. 200.00 in cash and his clothes in the same. The revisionist was detained during the night in Chowki and on the next morning the complainant called Khet Singh and he asked him to inform the police. He informed the police. Thereafter, the police came on the spot and arrested the revisionist. After completing the investigation charge-sheet was submitted against the revisionist.