HARSH AWASTHY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) With the consent of learned counsel for the parties, both the petition(s) are taken up together for adjudication since they have arisen from the common judgment, dated 1.12.2007, passed by the learned Additional Sessions Judge, Fast Track Court, Dharamshala, District Kangra, H.P.

(2.) Both the Criminal Revision Petitions filed under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, are directed against the judgment dated 1.12.2007, passed by learned Additional Sessions Judge, Fast Track Court, Dharamshala, District Kangra, H.P. in Criminal Appeals No.25/B/2005 and 11/B/2005 respectively, affirming the judgment/order dated 23.3.2005, passed by learned Additional Chief Judicial Magistrate, Baijnath District Kangra, H.P., in Criminal Case No.109-II/2002, whereby the learned trial Court while holding petitioners-accused(hereinafter referred to as the accused) guilty of having committed the offences punishable under Sections 457 & 380 of IPC, convicted and sentenced them to undergo rigorous imprisonment for a period of two years year and to pay fine of Rs. 500/- under Section 457 of IPC and simple imprisonment for one year and to pay fine of Rs. 250/ under Section 380 of IPC and in default of payment fine, to further undergo simple imprisonment of three months.

(3.) Briefly stated facts, as emerged from the record are that complainant namely Smt. Dinesh Vashisth got recorded her statement under Section 154 Cr.P.C. before H.C. Pawan Kumar, Investigation Officer of police Station, Baijnath that she is resident of Rakkar and her husband remains outside due to his job in SSB. She further reported that she alongwith her two daughters and mother-in-law resides in the house at Rakkar. She further alleged that on 24.4.2002 at about 7:30 P.M., she alongwith her daughters and mother-in-law went to the house of one Sh. Arun Kumar for attending the function after locking the house. But, at about 10:30 PM, when they came back from the function found the lock of the main door was missing and noticed that the back door of the house was open. Complainant further alleged that one Colour T.V. of Videocon make, gold ornaments of Rs. 36,000/- and currency notes of Rs. 4000/- were found stolen. As per the complainant, accused persons namely Sanjay Awasthy, Harsh Awasthy and Vinod Kumar were seen at the spot by her alongwith her daughters Neha and Nidhi. On the basis of aforesaid statement Ex.PW1/A, FIR Ex.PW12/A came to be registered against the accused persons. After completion of the investigation, challan was presented in the competent Court of law i.e. Additional Chief Judicial Magistrate, Baijnath, District Kangra, H.P.