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 (I) 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.

(3.) ACCUSED Vijay Kumar was arrested on January 4, 2000. The other accused Vipin was already in custody in another case On January 6, 2000, disclosure statement was made by Vijay Kumar. Based on the disclosure statement, ornaments along with ornaments box were recovered from the shop of Vivek Soni, a goldsmith and has a shop at Kangra. The currency notes, however, could not be recovered. The custody of Vipin Kumar was transferred from other case to the present case on January 10, 2000. The Investigating Officer, for the reasons other than legal, also recorded a disclosure statement under Section 27 of the Indian Evidence Act of Vipin Kumar on January 12, 2000. Based on the disclosure statement of Vipin Kumar, the Police once again went to the shop of Vivek Soni from where the same ornaments and jewellery box were recovered.