STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR

JUDGEMENT

(1.) Since, both these appeals arise from a common judgment rendered on 21.08.2007 in Criminal Appeal No. 26-S/10 of 2006 and in Criminal Appeal No. 33-S/10 of 2006, by the learned Sessions Judge, Shimla, hence, they are decided by a common judgment.

(2.) The instant appeals stand directed against the impugned judgement of acquittal recorded upon the aforesaid by the learned Sessions Judge, Shimla.

(3.) The brief facts of the case are that on 6.9.2005 complainant Gopal Singh has parked his vehicle No. HP-10-0483 at Nav Bahar Parking, Sanjauli at about 4.30 p.m and after having locked the same and removing the papers, he had left to his quarter at Pirta Niwas. On 7.9.2005 at about 10.00 a.m when he came to take his vehicle at Nav Bahar Car Parking, the vehicle was found missing. He searched his vehicle at Shimla and other station but in vain. Therefore, on 9.9.2005 complainant met police officials at Sanjauli and made complaint Ext.PW-7/A on which F.I.R Ext.PW-5/A was registered. Spot map Ext.PW-5/B was prepared. Complainant produced documents and key of the vehicle which were taken into possession vide memo Ext.PW-1/A. On 14.9.2005 ASI Bhag Singh and ASI Virender Singh of C.I.A staff Patiala came to P.P.Sanjauli in connection with case F.I.R. No. 504/05 under Section 379, 411 IPC that vehicle No. HP-10- 0483 had been nabbed from accused Rajesh and Sanjeev at Patiala on 8.9.2005. Therefore, on 16.9.2005 ASI Jai Gopal Incharge P.P. Sanjauli alongwith HHC Jeet Ram and complainant Gopal Chhajta rushed to Patiala and got transferred custody of accused Sanjeev and Rajesh from case F.I.R. No. 504/05 P.S Patiala to present case F.I.R. During interrogation, accused disclosed that after having opened the lid of petrol tank of car, they had got prepared a duplicate key from Sikh gentleman and on 20.09.2005 accused Sanjeev and Rajesh got the place of theft identified, qua which memo Ext.PW-4/A was prepared. After collecting all the inculpatory evidence(s) and after completing all codal formalities besides upon conclusion of investigation(s) into the offences, allegedly committed by the accused, thereupon the Investigating Officer concerned presented the challan before the learned trial Court.