RAMESH KUMAR Vs. STATE OF H. P

JUDGEMENT

(1.) Challenging the reversal of judgment of acquittal by the Appellant Court, i.e. learned Sessions Judge, Shimla, the convict has come up before this Court under Sec. 397 read with Sec. 401 of Cr.P.C.

(2.) The facts of the case are as under:- On 9/6/2007, Shri B.N. Mehta, Shri Harji Lal and Shri Pritam Chand, President and Members of Shri Baba Balak Nath temple Jakhoo, informed the Police Station East Shimla that Pujari of the temple had informed that locks of the temple are broken. The Pujari further told that he has kept the broken locks with him. Based on this information, the police made entry in the daily diary register, Ex.PW-4/A and proceeded towards the spot. On reaching the spot, the Investigator recorded statement of Shri B.N. Mehta under Sec. 154 of Cr.P.C. He informed the Investigator that he is member of the committee Shri Baba Balak Nath temple at Jakhoo. Shri Dharam Pal, who belongs from Darlaghat, is Pujari of this temple. He is working in the temple for the last four years. From 7/6/2007, Shri Dharam Pal was on three days' leave and in his place, he has deputed his son, Ramesh Kumar (convict/petitioner) as Pujari of the temple. In the morning, Shri Harji Lal, Pradhan of the temple committee, informed him telephonically at 6:00 a.m. that locks of the temple as well as cash box are broken. On this, the committee members reached the temple, where Pujari, Ramesh Kumar, informed them that he had put locks on the gate at 9:00 p.m. and had gone to sleep in his residential quarter. When he woke up in the morning, then he found that his door was bolted from outside. After that, he made phone call to Prakash, a lemon water seller. Said Prakash reached his quarter and opened the door and thereafter when he visited the temple, then he found the cash box to be broken. He also found the belongings of the temple scattered here and there and offerings i.e. Rs.10,000.00 to Rs.15,000.00 missing from the cash box. Based on this information, police registered FIR No.102, dtd. 9/6/2007, under Ss. 457 and 380 of IPC, Police Station East Shimla.

(3.) Police conducted investigation and the investigation revealed that one Trishool of the temple was used to break the cash box lying inside the temple. As per the statement of Ramesh, he had put locks on the door at 9:00 p.m., whereas, the investigation reveals that such locks were not broken nor there was sign of any breaking of any such locks or doors. Given the telltales of the spot, the investigator suspected the role of Ramesh Kumar, who is son of the main Pujari, Shri Dharam Pal, who had asked the petitioner to work in his place, as he was on leave for three days. After that, police, interrogated Ramesh Kumar and he confessed before the police that he had committed said theft. After that, the police recovered offering money from Ramesh Kumar. According to the investigator, currency notes were in the folded condition, which are normally, folded while putting inside the charitable box/Gullak. Based on this information, the police present its final report under Sec. 173 of Cr.P.C and launched prosecution.