STATE OF HIMACHAL PRADESH Vs. BUDHI SINGH

JUDGEMENT

(1.) HEARD and gone through the record. The present appeal by the State has been directed against the acquittal of the Respondent passed by the learned Trial Court on 8.1.2001 in Sessions Case No. 95/2 of 2000, for the offence punishable under Sections 457, 380 read with Section 34, 414 and 411 of the Indian Penal Code.

(2.) IN short, prosecution story, is that during the intervening night of 13/14.5.2000, complainant Ram Dass Panwar, was away from his residence alongwith his family to his native place. On 14.5.2000, Ramesh Kumar, a friend of the complainant informed him that when he visited his residence at Boileauganj and found that his house was lying open. He also informed the police. Complainant reached the spot. His statement was recorded by the police under Section 154 of the Code of Criminal Procedure. The complainant alongwith the police entered his residential room and found jewellery of his wife, missing from the almirah alongwith cash to the tune of Rs. 15,000/ -. 5 gold plated spoons like were also found broken, which were taken into possession. Police also took finger prints for analysis.

(3.) THEREAFTER , police arrested accused Budhi Singh. During his interrogation he made a disclosure statement under Section 27 of the Indian Evidence Act in presence of Ramesh Kumar (PW.3) and one Bhagwan Singh. Pursuant to which, shop of one Ganesh Suniar (accused) was identified and police recovered 40 grams a piece of gold from him which was taken into possession. The explanation given by Respondent Ganesh Suniar was that he had melted the ornaments received from accused Budhi Singh. It is also alleged that accused handed over an amount of Rs. 20,000/ - alongwith Pass Book to PW4 Tulsi Bahadur, which was taken into possession by the police vide Memo Ex.PW.4/A.