VIKRAM THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition has been filed against judgment dated 25.03.2008 passed by learned Additional Sessions Judge, Fast Rack, Kullu, in Cr. Appeal No. 20/07, vide which it has dismissed the appeal filed against the judgment of conviction passed against the present petitioner by the Court of learned Judicial Magistrate First Class, Manali, dated 18.06.2007 in criminal case No. 219-1 of 2006/29-II of 2006.

(2.) The case of the prosecution was that complainant Narayan Dass Saini, who is a contractor, was constructing a building of Rajesh Kumar resident of village Shami-nullah on contract basis at Jagatsukh in District Kullu. For this purpose, lintel was to be laid on 17.05.2006. On 10.05.2006 Rajesh Kumar paid an amount of Rs.80,000/- to the complainant and on 15.05.2006 Rajnish Kumar and accused were called to Manali by Rajesh Kumar as the lintel was to be laid. Both of them came to Manali and stayed with the complainant in room No. 116 of Morang Hotel. After having dinner, they slept in the said hotel at Morang. The complainant had kept Rs.37,000/- in the pocket of his pant, which he hanged in the almirah of the room. At about 3.45 A.M. in the morning, he heard some noise and woke up and the accused was found missing from the room. He was searched outside the hotel but was not found. On suspicion, the complainant checked the pockets of his pant and Rs.37,000/- which he had kept in the same were found missing. Accordingly, he woke up Rajnish Kumar and they both of them went out to search the accused. However, they could not find him. As per the complainant, as the accused had stolen an amount of Rs.37,000/- from his pant, this incident was reported at Police Station Manali by way of FIR No. 105/2006 dated 16.05.2006. The accused was apprehended at Sarkaghat by the police and during the search of the person of the accused currency notes worth Rs.32,000/- were recovered in the presence of witnesses Rajesh Kumar and HHC Satpal Singh. These currency notes were identified to be the stolen money by the complainant. The recovered notes were kept in parcel and the accused was arrested from Sarkaghat and brought to Manali. He was challaned for the commission of offence under Section 380 I.P.C. As he pleaded not guilty, trial was held.

(3.) The prosecution examined four witnesses to prove its case. PW-1 Narayan Dass Saini corroborated the case of the prosecution on oath and asserted that he was constructing the building of Rajesh Kumar and had received Rs.80,000/- from him for the purpose of laying down lintel of the building. As per him, on 15.05.2006 he alongwith PW-3 Rajneesh and accused Vikram Thakur were staying in the same room of Hotel Morang Model Town Manali. He woke up between 3.30 or 3.45 A.M. and found that accused Vikram Thakur was not in the room. He searched his pant and found that currency notes worth Rs.37,000/- which he had kept in his pant were missing. Thereafter, the accused was searched by him and PW-3 till morning but unsuccessfully. Accordingly, he reported the matter to the police and FIR was registered. The police also could not trace the accused for 1-2 days. Thereafter, police came to know that the accused was at Sarkaghat. He alongwith police reached Sarkaghat and there they met the accused at the Bus Stand of Sarkaghat where he was apprehended by the police and during his search currency notes of Rs.500/- were recovered, which he admitted as the notes belonging to him.