SH. RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 30.11.2002, passed by the learned Judicial Magistrate, Ist Class, Court No. (II), Rohru, Distt. Shimla, H.P. in P.C. No. 27/2 of 2002, titled as State of H.P. vs. Raj Kumar, as modified by the learned Addl. Sessions Judge, Shimla Camp at Rohru vide judgment dated 17.4.2007, passed in Criminal Appeal No. 7-R/10 of 2004/02, titled as Raj Kumar vs. State of H.P., the accused-petitioner has filed the present Revision Petition under the provisions of Sections 397 and 401 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of the prosecution that on 7.5.2002 complainant Sh. Mohinder Singh Rana lodged a complaint to the effect that certain stores from the H.R.T.C. workshop have been stolen. On the basis of the statement (Ext. PW 5/A) of the complainant recorded under Section 154 Cr.P.C., F.I.R. No. 66 of 2002 (Ext. PW 5/B) dated 7.5.2002 was registered against the present petitioner Raj Kumar at Police Station Rohru, Distt. Shimla, H.P. under the provisions of Section 379 of the Indian Penal Code. The matter was investigated by the police. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as seven witnesses and the statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded.