SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment dated 2.1.2015, passed by learned Additional Sessions Judge-II, Shimla, District Shimla, H.P., in Criminal Appeal No.84-S/10 of 2014/13, affirming the judgment of conviction and sentence, dated 7.1.2013, passed by learned Judicial Magistrate, 1st Class, Court No.6, Shimla, H.P., in Case No.112-2 of 2010/06, whereby learned trial Court while holding petitioner ( for short 'accused') guilty of having committed the offences punishable under Sections 457 and 380 of the Indian Penal Code ( for short 'IPC'), convicted and sentenced him as under:-

(2.) Briefly stated facts, as emerge from the record are that Vikram Thakur (PW-2), who was running a shop in the name and style of M/S Thakur General Store at Shogi, got his statement (Ex.PW2/A) recorded under Section 154 of the Code of Criminal Procedure, on the basis of which, formal FIR Ex.PW7/A, came to be registered against the accused, alleging therein that on 27.7.2006, at about 9:30 PM, he had locked his shop, but on the next day i.e. on 28.7.2006, at about 6/6:15 AM, when he came to his shop, he found shutter of his shop broken. He further complained that as many as 13 sets of mobile phones i.e. 4 mobiles of Nokia, five of reliance and four of Tata, were found to have been stolen. Complainant further alleged that some miscreant committed theft of the mobile sets from his shop by lurking house trespass. Complainant also stated to the police that out of the stolen mobiles, SIM of three mobiles sets, were active and he kept on calling on the said mobiles and ultimately, he could made contact on mobile No.93188-09342 and the person on the other side revealed his name to be Ranbir Singh and also disclosed his address. Aforesaid person, namely Ranbir Singh, disclosed that on 20.9.2006, he had purchased mobile from one Surinder, whose real name was lateron disclosed to be Sunil. On the basis of aforesaid complaint, police commenced its investigation. After completion of the investigation, police presented the challan in the competent court of law i.e. Judicial Magistrate, 1st class, Court No.6, Shimla, H.P.

(3.) The learned trial Court being satisfied that a primafacie case exist against the accused as well as other coaccused namely Pankaj, Rohit Kumar and Jatinder Kumar, framed charge against them under Sections 457,380, 414 read with Section 34 of IPC, to which they pleaded not guilty and claimed trial.