S.B. Criminal Appeal No. 96/1992. Case: State of Rajasthan Vs Brahmanand and Ors.. Rajasthan High Court
| Case Number | S.B. Criminal Appeal No. 96/1992 |
| Counsel | For Appellant: R.R. Singh, Public Prosecutor and For Respondents: P.R.S. Rajawat, Adv. |
| Judges | Dinesh Chandra Somani, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 313, 378; Indian Penal Code 1860, (IPC) - Sections 380, 457 |
| Judgement Date | Tuesday February 14, 2017 |
| Court | Rajasthan High Court |
Judgment:
Dinesh Chandra Somani, J.
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Criminal leave to appeal was filed by the State of Rajasthan under sub-Section (1) & (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.
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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
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In support of it's case, the prosecution examined as many as nine witnesses and exhibited some documents.
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Thereafter, learned trial Court put oral evidence of the prosecution witnesses and the documentary evidence produced by the prosecution to the accused/respondents under Section 313 of Cr.P.C. In reply to the prosecution evidence, the accused/respondents stated that they have been falsely implicated and no recovery was made at their instance. In defence, no witness was examined.
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After completion of trial, the learned trial Court acquitted the accused/respondents from the offence under Section 380 and 457 of IPC giving them benefit of doubt, vide impugned judgment dated 27-06-1991.
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Being aggrieved with the said judgment dated...
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