JEET RAM Vs. GANGARAM

JUDGEMENT

(1.) This is an application under section 482 of the Code of Criminal Procedure for quashing the order of the learned Munsif and Judicial Magistrate, Churu dated December 20, 1980 by which the accused-non-petitioner was discharged from the offences under Sections 379 and 411, Indian Penal Code.

(2.) The relevant facts are that - Jeetram, the petitioner before me submitted a report in writing before the Station House Officer, Dudhwakhara District Charu on 6.9.1980 that his three sheeps were missing and he had come to know that they were in possession of accused Gangaram (non-petitioner No. 1). The police registered a case and proceeded with investigation. The accused was arrested and in consequence of the information furnished by him, one of the stolen sheep was recovered. After when the investigation was over, the police submitted a challan against the accused under Sections 379 and 411, Indian Penal Code In the court of the Munsif and Judicial Magistrate, Churu on 30.9.1980. The Learned Magistrate heard the arguments on 20.12.1980, whether the charges should or should not be framed against the accused. During arguments, the accused contended that he had purchased the stolen sheep from Gram Panchayat, Hadiyal, and bowed a receipt of the Gram Punchayat, Hadiyal in support of his contention. The contention found favour with the learned Magistrate. The accused was consequently discharged. Jeetram went in revision before the learned Sessions Judge, Churu. It was contended before the learned Judge that the receipt was never produced by the accused during investigation nor it was produced at the earliest stage before the Magistrate. The prosecution had no occasion to show whether the receipt was genuine or forged. The learned Sessions Judge negatived the contention and upheld the order of the Magistrate. Hence this application.

(3.) I have heard the learned counsel for the parties and the Public Prosecutor. I have also gone through the case file carefully.