O.P.BISHNOI, J. - (1.) THIS appeal has been filed by the State against a judgment dated 21.11.1986, where by the two respondents - Ishwar Chand and Subhash were acquitted of the charges under Sections 379 and 414 of the IPC.
(2.) SOME time, during the night intervening between 15th/16th August, 1976, certain idols from the temple situate in village Kothian were stolen by some unknown thieves. The matter was reported to the police by the 'Pujari' of the temple and a case of theft was registered at Police Station, Phuliakala. From the investigation, it came out that during the early hours of 16.8.1976, four persons were seen near the place of occurrence with an Autorickshaw and they were also seen carrying a bedding in the said Autorickshaw. Further, it came out that the Autorickshaw belonged to respondent Ishwarchand. According to the prosecution story, the accused Satyanarian and Kishanlal were the persons who lifted the statues from the temple and brought them to the waiting Autorickshaw, where the respondents Ishwar Chand and Sub -hash were waiting. The Autorickshaw was allegedly taken to the shop of the 5th accused Navratan Mal and placed in his shop, from where ultimately, the material was recovered. All the live accused persons, namely, Ishwar Chand, Subhash, Satyanarain, Kishan Lal and Navratan Mal were charged for the offences under Sections 379 and 414 of the IPC. All of them pleaded not guilty. As smany as 24 witnesses were examined by the prosecution and none was examined in defence. The learned Chief Judicial Magistrate, Shahpura heard the arguments and delivered the judgment on 21.11.1986. The accused Navratan Mai was found guilty under Section 414 of the IPC. The accused persons Satyanarain and Kishan Lal were found guilty under Section 379 of the IPC and the three persons were awarded sentences for the same.
(3.) HOWEVER , in respect of the respondents Ishwar Chand and Subhash, the learned Court found that the evidence was quite unsatisfactory and, consequently, both of them were acquitted. Feeling aggrieved, the State has come in appeal in respect of the acquittal order passed in favour of the two respondents.;