STATE OF HIMACHAL PRADESH Vs. SHANKAR LAL

JUDGEMENT

(1.) This appeal is directed against the judgment dated August 31, 1984, of the learned Judicial Magistrate, 1st Class, (I) Shimla, by which, he acquitted accused Shankar Lal of an offence under Section 380 I.P.C.

(2.) The incident is stated to have taken place on May 23, 1982. On the previous evening, Ramesh Chand who lodged the First Information Report alongwith one Mathu Ram stayed in Room No. 25 of Jam Dharamsala. Ramesh Chand had kept currency notes of Rs. 1478/- below the pillow of his bed. Next morning both of them vacated the room at about 8 A.M. leaving behind the aforesaid currency notes in the room. They went to a barber shop. Ramesh Chand after getting his hairs cut recollected that he had forgotten to bring with him the currency notes in question. We he went back to the room he found the notes missing. His suspicion centered round accused Shankar Lal who was then working as sweeper into Dharamsala. He then proceeded to lodge a report with the police. During investigation accused Shankar Lal made a disclosure statement pursuant to which currency notes of Rs. 1478/- were recovered.

(3.) The learned trial Magistrate, after appraisal of the evidence, came to the conclusion that the prosecution had succeeded in establishing the fact that the accused had removed the currency notes in question kept by complainant Ramesh Chand under the pillow of his bed in Room No. 25 of Jam Dharamsala and that the said notes were recovered as stated above. Nevertheless he was of the opinion that the essential ingredients constituting an offence under Section 380 I.P.C. had not been made out and, therefore, proceeded to acquit the accused. Hence this appeal.