STATE OF H P Vs. SUNDER LAL

JUDGEMENT

(1.) The instant appeal stands directed by the State against the judgment rendered, on 4.4.2007, by the learned Additional Sessions Judge, Solan, H.P., upon, Criminal Appeal No. 7-S/10 of 2006, whereby, he set aside the judgement of conviction, and, sentence recorded, upon, the accused/respondent herein, by the learned trial Court.

(2.) The facts relevant to decide the instant case are that the complainant Shanta Aggarwal alongwith husband and daughter residing at Kandaghat near PWD rest House. She has purchased some ornaments in connection with marriage of her daughter and has kept the said ornaments in steel almirah in her house. On 5.10.2000, when she and her daughter had gone to Dharampur after locking their house and she was informed by some unknown person telephonically that some one has broken the lock of her house and has committed theft therefrom at which information was also given to the police. The police proceeded towards the spot and in the meantime Shanta Aggarwal also rushed towards her house and after checking her house and the articles kept therein, she found that gold ornaments alongwith currency note of Rs.1800.00 have been stolen from her house by some unknown persons at which she got recorded her statement under Sec. 154, Crimial P.C. before the police. On the basis of which FIR was registered at police station, Kandaghat. The police took into possession a box in which ornaments were contained and which was lying at the spot. One kara of silver was also recovered from nearby house of Shanta Aggarwal, which was also seized in presence of the witnesses by the police vide separate memo. Accused was arrested and on 14.2.2001 he made a disclosure statement that he has committed theft of gold ornaments and currency notes from the house of the complainant and he has sold some of the gold ornaments to other co-accused namely Ashok Kumar, Ram Rattan, Jai Pal, Sandeep Kumar and Satish Kumar and in pursuance to such disclosure statement, on 15.2.2001, the accused got recovered some of the stolen ornaments from the shop of co-accused Ram Rattan situated at Kalka, which were stated to have been melted by the said co-accused and it were put in a parcel and sealed with seal impression A and same were taken into possession vide memo Ex.PW4/A in presence of Prem Chand and Naresh Kumar. The accused also got recovered some of stolen ornaments from the shop of co-accused Jai Pal which were put in a parcel and sealed with seal impression A and was seized vide memo Ex.PW4/B, in the presence of Prem Chand and Naresh Kumar and specimen of seal impression used was separately taken on a piece of cloth which Ex.P3 and spot map of recovery of Ex.PW12/B was prepared. The accused thereafter got identified the shop of co-accused Ashok Kumar at Pinjore vide memo Ex.PW8/B, regarding which spot map Ex.PW12/C was prepared in the presence of Abhishek Sharma. The accused also identified the shop of coaccused Sandeep Kumar. On 17.2.2001, the accused identified the shop of co-accused Satish Kumar at Chandigarh and go recovered some of the stolen ornaments which have been melted by the said coaccused and which were seized after putting in a parcel and sealed with seal impression B. On 17.2.2001 accused also identified the shop of co-accused Sandeep Kumar at Pinjore and also got recovered some stolen ornaments from his shop in a melted form which were taken into possession and sealed with seal impression H and said co-accused also produced receipt vide which he has purchased the ornaments from accused Sunder Lal for Rs.18,000.00 whereas, co-accused Jai Pal also produced receipt Ex.P9 vide which he has purchased ornaments from accused for Rs.22,000.00. The spot map Ex.PW12/K was also prepared during investigation by Bishamber the then ASI Police Station, Kandaghat, who had died prior to his examination in the Court and statements of the witnesses were recorded by said ASI and Inspector Shamsher Singh as per their versions.

(3.) On conclusion of the investigations, into the offences, allegedly committed by the accused, a report under Sec. 173 of the Code of Criminal Procedure was prepared, and, filed before the learned trial Court.