STATE OF M P Vs. KULPAT

JUDGEMENT

(1.) Kulpat, Najeem, Jaglal and Bhaulal were tried for charges under Sections 457 and 380 I.P.C. Baduji, Santram and Jhingu lal were also tried in the same case on charges under Section 411 I.P.C. The trial Magistrate, by his judgment dated 26-4-80 acquitted all these accused of the charges that had been framed against them. Aggrieved by that acquittal, the State has preferred this appeal.

(2.) During the pendency of the appeal, respondent Kulpat and Jhingula expired. Therefore, the appeal against them stood abated. The remaining respondents except for respondent Jaglal are being represented by different counsel. Respondent Jaglal could not be served in spite of repeated efforts having been made.

(3.) The prosecution story briefly stated is that in the night intervening 6th and 7th October, 1978, a theft had taken place at the house of Chainlal (PW 3)-in village Barbaspur. In that theft some ornaments and other properties were allegedly taken away by the culprits. The first information report Ex. p. 5 was lodged by Chainlal (PW 3) in police station Waraseoni at about 1.30 P.M. on 7- 1078. During the course of investigation, the accused persons were arrested. Different properties are said to have been recovered and seized at the instance of different accused. The properties so recovered had been put up for identification which are alleged to have been identified by Chainlal (PW 3) and his wife Milkibai (PW 4).