STATE OF HIMACHAL PRADESH Vs. JAGMOHAN

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 14.5.2007 passed by learned Sessions Judge, Shimla in Cr. Appeal No. 15- S/10 of 2006, whereby on reversal of the judgment passed by learned JMIC Chopal, District Shimla in Cr. Case No. 105-1 of 2003/65-II of 2003, he has allowed the appeal and acquitted the respondent (hereinafter referred to as the accused ) from the charge under Sections 454 & 380 IPC.

(2.) It is, Naresh Kumar (PW-4) who has set the machinery in motion by way of lodging report Ext. PW-1/A in Police Post Nerwa, Tehsil Chopal, District Shimla registered as rapat No. 14 on 2.8.2003 at 8:30 PM. The contents of Ext. PW-1/A reveal that Naresh Kumar (PW-4), the complainant was running meat shop at Nerwa Tehsil Chopal, District Shimla. On 2.8.2003, as usual in the morning he came to the shop after locking his quarter. His other partner had gone to graze the goats. In the evening, around 6-6:30 PM, when he returned to the quarter, found the lock he had put on the door broken. When he entered inside the room, noticed that the lock of Almirah was opened. When he opened the same, the trunk in which he used to keep his money was found stolen by someone. In the trunk, he had kept Rs.25,000.00, his matriculation certificate and receipts. He suspected someone having broken the lock during day time and stolen the trunk and also the currency notes lying therein. He made every possible effort to find out as to who had committed the theft but of no avail.

(3.) On the basis of the rapat Ext. PW-1/A, FIR Ext. PW-7/A came to be registered in PS Chopal, Distt. Shimla, under Sections 454 and 380 Penal Code on the next day i.e. 3.8.2003. The police started investigation in the matter. The broken lock Ext. P-1 was taken into possession. The spot map Ext. PW-8/A was also prepared. As per further case of the prosecution, on 8.8.2003, the I.O. along with other police officials had gone for patrolling towards Rana Kyar side. The accused was spotted there who on noticing the presence of the police got perplexed and tried to run away. On suspicion, he was overpowered and on enquiry, he disclosed his name as Jagmohan and other antecedents. His personal search was conducted in the presence of PW-2 Panne Lal and PW-3 Maghu Ram. It is in their presence, a sum of Rs. 10,000.00 was recovered from the accused and taken into possession vide recovery memo Ext. PW-2/A. During the course of further interrogation of the accused, he disclosed that on 2.8.2003 during day time by breaking open the lock of the quarter of Naresh Kumar (PW-4), he entered inside and removed the trunk therefrom. The accused was arrested on 9.8.2003. During his custodial interrogation, he made disclosure statement Ext. PW-2/B on 10.8.2003 in the presence of PW-2 Panne Lal and PW-3 Maghu Ram. Subsequently, he led the police party accompanied by PW-2 Panne Lal and PW-3 Maghu Ram to forest where he had identified the place of recovery of trunk Ext. PX wrapped with cover of quilt Ext. PY beneath a tree. On opening the same, the matriculation certificate of Naresh Kumar (PW-4) and receipts Ext. P-1 to P-3 were recovered threfrom. The same were taken into possession vide recovery memo Ext. PW-2/C. The trunk Ext. PX was also taken into possession vide the same memo in the presence of witnesses.