AMARESH KU.SINGH - (1.) Heard the learned public prosecutor and the learned counsel for the appellant.
(2.) The State has filed this appeal against the judgment delivered by the learned Additional Chief Judicial Magistrate, Jodhpur on 23rd February, 1987 acquitting the respondents Amit and Jai Singh of the offences punishable under Sections 457 and 380 of the Indian Penal Code.
(3.) The facts of the case may be briefly stated as below : Mahendra Singh was in the employment of Seth Durga Prasad Sabu who was living in House No. 16/A Shastri Nagar, Jodhpur. According to the prosecution a Honda generator was stolen from the above mentioned house of Seth Durga Prasad Sabu. The first information report about the alleged theft was lodged at the Police Station on 18th June, 1985. In that report it was stated that sometime ago a Honda generator of red colour had been stolen from House No. 16/A, Shastri Nagar, Jodhpur. On the basis of the first information report submitted by Mahendra Singh, the Police registered the case and started investigation. Respondent Amit was arrested by the Police. He was interrogated and during interrogation, on 17th June, 1985 he gave information to the Police about a Honda generator and some other items which according to his information was lying in his own house. Respondent Amit volunteered to get the goods recovered from his house. The information was recorded by the Police on Ex. P-4A. At the instance of respondent Amit, eight articles including one generator were recovered from the house of respondent Amit. After investigation a charge-sheet was submitted against the respondents. The prosecution examined Devi Singh PW-1, Mahendra Singh PW-2, Gopal Krishan PW-3, Ramchandra PW-4, Sangsingh PW-5, Govind Ram PW-6, Parasmal PW-7 and Ratan Singh PW-8, in support of the prosecution accused respondents were examined under Sections 457 and 380 of the Indian Penal Code. ;