STATE OF RAJASTHAN Vs. KISHNA

JUDGEMENT

(1.) THIS state appeal has been filed against the judgment and order dated 1.12.89 passed by the Munsif and judicial Magistrate, First Class, Abu Road in Criminal Case No. 18/84 by which the learned Magistrate has acquitted the accused respondent of the charges under Sections 457 and 380 I.P.C. It arises in the following circumstances : P.W.1 Mohan Lal lodged a report (Ex.P.1) on 4.12.83 in the Police Station Abu Road stating that there was a cabin of Pan in the street of Ramji Mandir and in the night of 3.12.83, P.W.1 Mohan Lal after putting a lock on the cabin went to his house and early in the morning at about 6.30 a.m. when he came to the cabin, he found the lock of the cabin opened and also found a 2-in-1 tape-recorder of Sony Brand missing. On this report, the police registered a case and chalked out a FIR Ex.P/5 and during investigating the accused-respondent was arrested by P.W.5 Laxrnan Singh on 6.12.83 and on 7.12.83, the accused-respondent gave an information Ex.P.7 and in consequence to that information, a tape-recorder was recovered in the presence of two motbirs P.W.3 Nana and P.W.4 Narayan and Fard Baramadgi of the Tape Recorder is Ex.P.5.

(2.) AFTER usual investigation, challan was presented against the accused respondent in the Court of Magistrate.

(3.) AFTER recording evidence and after taking statement of the accused respondent under Section 313 Cr.P.C. The learned Magistrate vide his judgment and order dated 1.12.89 acquitted the accused respondent of the charges under Sections 380 and 457 I.P.C, inter alia holding that so far as motbirs of the Fard Baramadgi Ex. P.5 P.W. 3 Nana and P.W.4 Narayan are concerned, they have been declared hostile and since independent witnesses do not corroborate to the statement of P.W.5 Laxman Singh, the learned Magistrate came to the conclusion that the prosecution has failed to prove its case against the accused respondent and he has, therefore, acquitted the accused respondent as stated aforesaid.