STATE OF HP Vs. PIAR CHAND ALIAS PIARU

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 07.08.1999, passed by the learned Chief Judicial Magistrate, Kullu, District Kullu, in Police Challan No. 3981/97 2702/98, acquitting the alleged accusedrespondents under Sections 457, 380 and 411 of the Indian Penal Code.

(2.) Prosecution case is that Shri Mangat Ram, resident of Bhutti Colony Jarad, made a complaint that on 18.05.1997, at about 2 a.m., when he wanted to come out of his room, in order to attend the call of nature, the door of the room was closed from out side. By breaking open the window, he managed to come out and found the lock of the other room broken. On entering that room, he found some boxes missing. One box was found broken out side and one chaak (gold), weighing 5 grams, of value Rs. 2,000/, a ring (silver) of value Rs. 60/ and a pair of Pyle/Paijev (silver) of value Rs. 120/ were found to have been stolen. A T.V. (B & W) of value Rs. 8,000/ was also found to have been removed by someone. In that respect, a complaint was made and accordingly FIR was lodged. After completion of investigation accusedrespondent was charged for the aforesaid offences and the case was tried by the Chief Judicial Magistrate.

(3.) In order to prove its case, prosecution examined as many as seven witnesses, whereas, accused through their statements under Section 313 Cr.P.C. denied the prosecution case.