RAMAN KAPOOR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 18/12/2012 passed by learned Additional Sessions Judge, Sirmaur, District at Nahan, H.P., vide which the judgment of conviction dtd. 31/5/2008 and order of sentence dtd. 27/8/2008, passed by learned Chief Judicial Magistrate Sirmaur, District at Nahan, were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present revision are that the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Ss. 454, 380/511 of IPC. It was asserted that the informant, Harshmani Sharma (PW-4), was serving as a Junior Assistant in the Nahan Foundry. He was allotted a room near Lalkothi, Court Road, Nahan. He had gone to discharge his duty on 6/2/2007 at about 10.00 a.m. after locking the rooms and the verandah. He returned at about 3.30 p.m. and found that the door of the verandah was open. The accused was trying to break the lock of the room with the help of an iron rod. The informant apprehended the accused, who revealed his name as Raman Kapoor. The informant called the police to report the incident. An entry (Ex.PW2/A) was recorded in the Police Station.

(3.) The learned Trial Court charged the accused with the commission of offences punishable under Ss. 454 and 380 read with Sec. 511 of I.P.C, to which he pleaded not guilty and claimed to be tried.