STATE OF HIMACHAL PRADESH Vs. RAJEEV KUMAR @ LOVELY

JUDGEMENT

(1.) The State has come in appeal against Judgment dated 1.10.2008 rendered by the learned Sessions Judge, Hamirpur, Himachal Pradesh in Criminal Appeal No. 47 of 2008.

(2.) Case of the prosecution, in a nutshell, is that PW-1 Rajinder Kumar was the Principal of Aryan Public School. The School was locked on 24.1.2006. There were holidays on 25.1.2006 and 26.1.2006. When the School was opened on the morning of 27.1.2006, it was found that the door of the computer room was open and the computer was missing. Somebody had committed theft of the computer during the vacation. It was suspected that the accused had committed the theft of the computer. Matter was reported to the Police. FIR Ext. PW-12/B was registered. Investigation was carried out. Site plan Ext. PW- 13/A was prepared. Accused was interrogated and he made a disclosure statement Ext. PW-13/B that he had kept the computer in the Dhaba of Jagdish Chand at Tihra. Earlier PW-3 Gian Chand had seen the accused carrying the bundle on 26.1.2006 and Arun Kumar had taken the accused to Tihra in a taxi bearing registration No. HP-14-0209. Lock Ext. P1 was produced by Bhure Lal, which was identified by the complainant. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as 13 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Trial Court convicted the accused on 2.6.2008 for committing offence under Section 457 IPC to undergo rigorous imprisonment for two years and to pay fine of Rs. 5,000/-, in default of payment of fine, to further undergo simple imprisonment for one month. Accused was also convicted under Section 380 IPC and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to further undergo simple imprisonment, for one month. Accused filed an appeal against the Judgment dated 2.6.2008, before the learned Sessions Judge. He allowed the appeal vide Judgment dated 1.10.2008. Hence, this appeal by the State.