STATE OF RAJASTHAN Vs. BRAHMANAND AND ORS.

JUDGEMENT

(1.) Criminal leave to appeal was filed by the State of Rajasthan under sub-Section (1) and (3) of Section 378 of Cr.P.C. against the judgment dated 27-06-1991 passed by Additional Chief Judicial Magistrate No. 2, Alwar (hereinafter referred to as the "trial Court") in Criminal Case No. 425/1983, whereby the accused persons Brahmanand and Lala Ram (respondents in this appeal) have been acquitted from charges levelled against them under Section 457 and 380 of IPC.

(2.) The brief facts of the case are that on 09-07-1980 at about 1:30 PM, Shri Jagmal Singh (PW-1) gave a written report (Ex. P-7) of Shri Shambhu Dutt Shastri, Incharge of Deodhi Khas, City Palace, Alwar to Indra Kumar (PW-9) stating therein that on inspection of Janana Mahal on 30-06-1980, it was found that a valuable carpet and three tables were missing, whereupon a FIR No. 287/1980 under Section 457 and 380 of IPC was registered and the investigation commenced. During investigation the accused/respondent Brahmanand and Lala Ram were arrested on 28-07-1980 vide Ex. P-9 and Ex. P-10 respectively, and two carpets, one of which was like floor mat were recovered at the instance of the accused Lala Ram on 28-07-1980. A carpet was also recovered on 05-08-1980 from the house of Babli @ Yash Kumar (PW-2), at the instance of the accused Brahmanand. Further, footprints and fingerprints were taken from the spot. After completion of investigation, a chargesheet was filed against the accused/respondents in the concerned Court. Charges were framed against the accused/respondents for offence under Section 457 and 380 of IPC. The charges were read over and explained to the accused/respondents. The accused/respondents pleaded not guilty and sought to be tried

(3.) In support of it's case, the prosecution examined as many as nine witnesses and exhibited some documents.