BHUPINDER KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) The instant revision petition stands directed, against, the concurrently recorded verdicts, of, conviction, upon, the petitioner, for, his committing an offence punishable under Sec. 379 Indian Penal Code, and, whereafter, he was sentenced to undergo simple imprisonment, for a period of six months, and, to pay a fine of Rs. 1000.00, and, in default of payment of fine, he stood sentenced, to undergo further simple imprisonment, for, a period of one month.

(2.) The facts relevant to decide the instant case are that on 13.1.2011 at 5.45 A.M, a telephonic information was conveyed to police station Dharampur about a theft of angle iron having taken place at Dharampur and one person Bhupinder Kumar (Accused) having been apprehended by the local people on the basis of which rapat Ext. PW3/A was entered in the daily diary and a police party headed by PW-5 ASI Choli Ram accompanied by other police officials was dispatched to the spot. When the police party reached the spot where complainant Kapil Goel filed a complaint Ext. PW-1/A with the police in which it had been stated that he runs a shop known as Kapil Expo Traders Pvt. Ltd. at Dharmpur Bazar and for the last 14-15 days the angle, channel and pati kept outside the Sudhir Building were being stolen by somebody. He did not disclosed this fact to anybody and started sleeping in a truck on the road to apprehend the thief. Today i.e. on 13.1.2011 at about 5 A.M. he heard some noise and saw that Bhupinder Kumar (Accused) was loading three angle irons on his rehri. Earlier also the theft of angle irons has taken place and necessary action be taken against accused Bhupinder kumar. This rukka Ext. PW-1/A was sent to the police station through C. Sunil Kumar on the basis of which FIR Ext. PW-3/A was registered and investigation was pressed into action. The three angle irons and the rehri were taken into possession on the spot vide memo Ext. PW-1/B. Spot map Ext. PW-5/A was prepared and photograph Ext. P-1, Ext. P-3 to Ext. P-5 were got snapped. The accused person had been apprehended on the spot by the complainant and was arrested at 8.40 A.M. vide arrest memo Ext. PW-4/A. During the course of investigation the accused person gave a disclosure statement under Sec. 27 of the Indian Evidence Act Ext. PW-2/A stating that he had used a plier and a iron rod to commit theft and can get them recovered. Acting on the said information the recovery of plier Ext. P-3 and road Ext. P-2 were got effected vide memo Ext. PW-2/B and were sealed with seal N and the sample of the seal was separately taken on a piece of cloth which is Ext. PW-2/C. The photograph of the recovery Ext. P-2 was got snapped. The accused person was subsequently released on bail by the order of the Court. After the completion of entire investigation the present challan was filed in the Court.

(3.) The accused was charged by the learned trial Court, for his committing, an offence punishable, under Sec. 379 Indian Penal Code. In proof of the charge, the prosecution examined 5 witnesses. On conclusion of recording of prosecution evidence, the statement of the accused, under, Sec. 313 of the Code of Criminal Procedure, was recorded by the learned trial Court, wherein, the accused claimed innocence and pleaded false implication in the case.