RAMCHARAN Vs. STATE OF MP

JUDGEMENT

(1.) The applicant has directed this revision under Section 397/401 of Cr. P. C. being aggrieved by the judgment dated 25 th April 2001 passed by Sessions Judge, Sagar in Criminal Appeal No. 52/2001, whereby till the extent of applicant by affirming the judgment dated 30.1.2001 passed by the Chief Judicial Magistrate, Sagar in Criminal Case No. 760/2000 convicting him and one co-accused Karan under Section 379 of IPC with direction to undergo for RI one year the co-accused-Karan has been acquitted from such charge.

(2.) The facts giving rise to this revision in short are that on dated 30.7.2000, the complainant- Mukesh (PW-3) gave a report in writing at P.S., GRP, Sagar contending that his father working as Head Constable in the Police Department had passed away on 22.6.2000, on which to get the sum of his terminal benefits and to submit the application for compassionate appointment he went to the office of the Superintendent Police of Railways, Jabalpur on dated 27.7.2000. After submitting the aforesaid application in such office before Dy. Superintendent of Police he obtained the sum of terminal benefits of his father Rs.41,935/-, out of which Rs.40,000/-, in four bundles having the denomination of Rs.100/- alongwith some documents insome bag of blue colour and remaining Rs.1935/- was kept by him in his pocket. Thereafter the aforesaid bag, he boarded the train Godwana Express from Jabalpur and got down at Katni, where he met the applicant accompanied with acquitted co- accused Karan. The applicant introduced himself to be a person of Police Department, Sagar. Thereafter he accompanied with the applicant and his aforesaid companion went to some hotel and took their meals and came back to Railway Station, Katni from where he accompanied with the applicant and his companion boarded the Passenger Train No. 1506 Up Katni Bina for Sagar. On the way of such travelling aforesaid bag of currency note was kept by him under his head and they were talking to each other upto Damoh and thereafter he slept. On reaching Sagar, he awoke and found missing his aforesaid bag having the currency note of Rs.40,000/- alongwith the papers. The applicant and his companion Karan were also absent from the train. He tried to trace them out but could not get success, on which he went to Police Station Sagar on 30.7.2000 and gave the aforesaid report in writing, on which, vide dated 31.7.2000, the first information report for the offence of Section 379 of IPC was registered against the applicant and co-accused Karan Ahirwar. In the course of investigation, the applicant and co-accused-Karan were arrested. On their interrogation, they disclosed the information regarding the place where the stolen currency were concealed by them. On such information their respective memorandum under Section 27 of the Evidence, (Ex. P-7 and P-8) were recorded. Pursuant to it, at the instant of the applicant and the coaccused-Karan such currency were seized, from the place shown by them in the memorandum, by preparing the seizure memo, (Ex.P-9 and P-10) in presence of the witnesses, Pradeep Kumar, (PW-4) and Sunil Kumar, (PW-5). As usual interrogatory statements of the witnesses were recorded. Other formalities of the investigation was carried out and on completion of thesame, the applicant and acquitted co-accused Karan were charge sheeted for the offence of Section 379 of IPC.

(3.) On evaluation of the charge sheet, the charge of Section 379 of IPC was framed against the applicant and co-accused Karan. They abjured the guilt, on which the trial was held in which as many as ten witnesses were examined by the prosecution while no one was examined in defence. On appreciation of the evidence, after holding guilty to both the accused for the aforesaid offence each of them was punished by the trial court for RI one year. On filing the appeal on consideration, the co-accused- Karan was acquitted while the conviction and sentence of the applicant has been affirmed, on which the applicant has come to this court with this revision.