STATE OF MP Vs. RADHEY SHAYAM

JUDGEMENT

(1.) 07.03.2012 This appeal has been preferred by the State against judgment dated 20.02.1996 passed by JMFC, Berasiya, District Bhopal in Criminal Case No. 385/94 acquitting the respondent of charge under Section 406 of IPC.

(2.) FACTS of the case, in short, are that Hajari (PW 1) pledged a silver kardhauna of 450 gm. with respondent and obtained Rs.300/ loan from him with a promise to repay Rs.330/ after 3 months and will receive the kardhauna back. As promised, money was repaid back to the respondent but kardhauna was not given back to PW 1. Instead PW 1 was taken by the respondent to Bhopal saying that he had sold kardhauna. After repeated visits kardhauna was not received back by PW 1, on 14.09.90 he lodged FIR Ex P 1 at police station Berasiya against the respondent.

(3.) THIS appeal has been preferred by the State on the grounds that trial court has not appreciated the evidence of PW 1 in right perspective who is a wholly reliable witness. On the other hand learned counsel for the respondent supported the finding of acquittal recorded by the trial court.