STATE OF H.P. Vs. PURSHOTAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 20.2.1996 passed by the learned Additional Chief Judicial Magistrate, Kandaghat, Camp at Arki in case No. 37/2 of 1994 whereby he acquitted the accused of having committed offences punishable under Sections 454 and 380 of the Indian Penal Code.

(2.) THE prosecution story, in brief, is that on 9.3.1992 at about 10.00 a.m, the complainant Naratu Ram locked his house in Village Chanya and went to his cowshed which was at a distance of 1 km. from his house. He returned to his house at about 1.00 p.m. He found that the locks of his house and trunks were broken and theft had been committed in his house. He even without checking, what had been stolen, rushed to the Police Station, Arki and lodged a report vide complaint Ext.PW4/A on the basis of which FIR PW6/A was recorded.

(3.) ADMITTEDLY , there was no eye witness to the theft and the whole case of the prosecution is based on the recovery of these articles.