STATE OF HIMACHAL PRADESH Vs. VIJAY KUMAR

JUDGEMENT

(1.) This appeal under Section 378 of the Code of Criminal procedure is directed against the judgment of acquittal recorded by learned Additional Chief Judicial Magistrate (1) Dehra, District Kangra vide his judgment dated March 26,2001.

(2.) The respondents Vijay Kumar, Vivek Soni and Vipin Kumar, hereinafter referred to as the "accused", were tried by the learned trial Magistrate for offences punishable under Sections 380, 411 read with section 34 of the Indian Penal Code. The prosecution case:

(3.) Des Raj, complainant, is resident of village Gathuther in the District of Kangra He lives with his mother and three small children, his wife having expired in may, 1999. On November 24, 1999, the accused Vijay Kumar, who belongs to the village of the in -laws of the complainant, came to the house of the complainant along with accused Vipin in the morning hours and informed the complainant that every thing was well in the house of his in -laws. They were to catch train for Amritsar at 11.00 a.m. in the morning . The complainant insisted that the accused should not leave without taking meals and asked his mother to serve them the meals. Complainant left for village Sakri where he was working as Masson. When the complainant returned back to his house in the evening, he found that his trunk was broken and ornaments box was missing form the brief case kept in the trunk. The ornaments box contained rupees 7000/ - in cash, one nose ring two rings, one nose pin, two ear rings made of gold, one silver set and silver anklet. The total value of the ornaments was estimated to be rupees 6000/ -. Complainant suspected that accused Vijay and his companion might have stolen the ornaments and the case. He visited village Hatwas to which village Vijay Kumar belonged but he was not found. The matter was reported to the Police Station, Haripur on November 27,1999. A First Information Report was accordingly registered.