ASHWANI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant Criminal Revision Petition filed under Section 397 of the Code of Criminal Procedure, is directed against the judgment dated 1.5.2013, passed by learned Sessions Judge, Solan, District Solan, H.P. in Criminal Appeal No.14-S/10 of 2012, affirming the judgment/order dated 14.12.2011/27.12.2011, passed by learned Chief Judicial Magistrate Solan, District Solan, H.P., in Criminal Case No.1/2 of 2010, whereby the learned trial Court while holding petitioner-accused guilty of having committed the offence punishable under Section 379 of IPC, convicted and sentenced him to undergo simple imprisonment for a period of one year and to pay fine of Rs. 2000/- and in default of payment of fine, to undergo simple imprisonment of one month.

(2.) Briefly stated facts, as emerged from the record are that complainant namely Om Prakash (PW-5) got recorded his statement under Section 154 Cr.P.C., before the police that on the intervening night of 6.10.2009 and 7.10.2009, at about 1:30 AM, petitioner-accused(hereinafter referred to as the accused) committed theft of three tyres of the vehicles i.e. Maruti Alto Car bearing No.HP-20C-6835 owned by one Hemant Kumar and Maruti Van No.HP-14-A-4589 of Sh. Manoj Kumar at Surya Vihar, Rajgarh Road, Solan, Tehsil and District Solan, H.P. He further reported to the police that on the intervening night of 6.10.2009 and 7.10.2009, he was performing duty of Chowkidar at Surya Apartments, Surya Vihar, Rajgarh Road, Solan and he stopped the accused from removing the tyres from the vehicles, as referred above. Complainant after noticing the aforesaid theft, informed Sh. Manoj Kumar, who happened to be owner of Maruti Van No. HP-14-A-4589 and thereafter police was also informed regarding the incident. On the basis of aforesaid statement of the complainant Om Prakash (PW-5), under Section 154 Cr.P.C., FIR No. 267/2009, dated 7.10.2009 under Section 379 of IPC was registered against the accused at Police Station, Sadar, District Solan, H.P. Police after completion of the investigation, presented the challan in the competent Court of law.

(3.) Learned trial Court after satisfying itself that a prima-facie case exists against the accused, framed charge under Sections 379 of IPC against the accused, to which he pleaded not guilty and claimed trial.