TEJ RAM Vs. STATE OF HP

JUDGEMENT

(1.) This revision has been filed against the judgment passed by learned Additional Sessions Judge, Mandi, Camp at Karsog, dated 10.7.2008 in Cr. Appeal No. 41 of 2006, vide which judgment, the learned Appellate Court has dismissed the appeal filed by the petitioner against the judgment and conviction dated 25.11.2006 ordered by Sub Divisional Judicial Magistrate, Karsog in Police Chalan No. 75-II of 2005, dated 25.11.2006.

(2.) The case of the prosecution was that Kahan Chand, resident of village Dharmour was keeping his cattle in his cow shed and on 18.6.2005 he found that his buffalo was missing from there. Though he tried to trace the buffalo in the locality, however, he was not able to trace the same. In these circumstances, he went to Police Station, Karsog and submitted a written complaint to the SHO to the effect that his buffalo was missing from his cow shed. Head constable Parma Ram was deputed by the SHO to verify the facts and he went to village Dharmour and after verification recorded the statement of complainant, Kahan Chand, under Section 154 Cr.P.C. As per his statement, complainant, Kahan Chand, suspected the accused to have stolen his buffalo in view of the fact that accused Tej Ram had visited village Dharmour in connection with the purchase of cattle. On the basis of said statement of Kahan Chand, an FIR was registered at Police Station, Karsog. The case was investigated by HC Parma Ram and during investigation the accused made a disclosure statement that he had tethered the buffalo in the courtyard of Sant Ram at village Dhandhal. The accused took the police party to the house of Sant Ram at village Dhandhal. The buffalo was recovered which was tethered with a mango tree. After completion of the investigation, SHO Police Station, Karsog prepared the chargesheet against the accused under Section 380 IPC and the same was put up in the Court of learned SDJM, Karsog who framed charge under Section 380 IPC against the accused. The learned trial Court convicted the accused to undergo sentence of simple imprisonment for one month and to pay fine of Rs.1,000/-.

(3.) The judgment of the learned trial Court was challenged by way of an appeal by the accused. However, the appeal was dismissed by the learned Appellate Court by upholding the conviction of the accused.