STATE OF HP Vs. SARWAN KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Chief Judicial Magistrate, District Kinnaur at Reckong Peo, dated 3.6.2004, vide which he acquitted the respondents of the charge framed against them under Sections 454/380/34 I.P.C.

(2.) BRIEFLY stated, the facts of the case are that on 16.2.2004, a report was lodged with the police by Smt. Chhering Dolma that she is working as a labourer in PWD for the last 12 years. She stated that she has built a house at Powari. On 12.2.2004, she had taken leave and had gone to her village Sunnam and returned today i.e. 16.2.2004 and found that the lock of her door was broken and the door was open. She also observed that the bolt of trunk was broken as well as the lock therein. She alleged that the theft has been committed of gold weighing tola, silver weighing 40 tolas, two garlands, coins worth RS.100/- approximately, one idol of silver weighing 10 tolas and school certificate of her son of 8th Class as well as the driving licence were found to have been stolen in between 12.2.2004 to 15.2.2004.

(3.) WE have heard the learned counsel for the parties and have gone through the record of the case.