1N THE HIGH COURT OF JUDICATURE AT BILASPUR )WQt/I-am CHHATTISGARH 9169! 5&3?x AU) g g3 00 . 7W9 04 _ Jabé , %D$”§Wmmw ‘PoK [rm/Ww LEW; mérffgm v/5_ 378$ 1L , M on AMA APPEAL UNDER SECTION 378 1 OF CODE OF H CRIMINAL PRO URE 1973 H ’ APPELLANT State of Chhattisgarh through Station House O$cer 7 , .9? «~ "mmw . W Police Station Saja, ’ District Durg, Chhattisgarh wwéW‘. I'vgwé‘w 'VERSUS RESPGNDENT Radhey Shyam S/ o. Devchatan Aged about 45 ysars Resident of Khamaria PS: $eepat Distm’ct Bilaepur, CG E R V HIGH‘OURTOF CHHATTISGARH AT'BILASPU Stat of Chhattisgarh e .'U VelSS Raqhey Shya 'Oral Judgme n H Delivered on 21% January, 201 ated 1511—2003 passed by the Additional Chief 'Judlma .Maglstrate Bem’etara Ds‘fric't i -‘ fd l' Durg” cqul ng -'jespondent/accused from charges under Section 420 of the I n :enal Code The respondent along wrth 8 other ‘ccused persons the. r nd o P . the Impugned Judgment have-Y ‘av %b'vchar ‘33 m ‘ nt » ( 1) " a “ ean. x K 2 ‘3. ‘ Case of the prosecution, in short, is that Ramgutam, a teacher in the Primary School Devargaon, Iodged a report with the Sr‘aia? Police on 2-4—1994 alleging that on 2-1-1994, the respondent came' to his house for threading of gold ornaments and he was handed over 12 gold coins weighing 92 grams valuing Rs.36,000/— for threading. The accused started threading the gold coins by using 2 black threads, however for absence of white thread, he went away and assured the informer to come back again on the next day for doing the remaining part of the threading. On the next day, his son Rohit Kumar handed over the threaded gold coins, however, when after 2 months the gold coins started losing their shine, they were taken to a goldsmith of Village Budhwara and after examining the threads and the gold coins, it was informed that they are made of [silver with gold polish over it. 4. After completion of investigation, the prosecution filed charge- sheet and in course of trial, 7 witnesses were examined. While passing the judgment of acquittal, the learned trial Court has observed that from the statements of PW—1 Ramgulam and PW—2 Rohit, it is not born out that the person who was threading the gold coins had any opportunity to change the coins. Statement of PW—3 Sumitrabai has been found to be inconsequential and in fact this witness has not recognized the accused PW-4 Mangaldas (Kotwar) has stated that he Is not sure about availablllty of his Slgnature on, the memorandum statement Ex P 7 PW-5 Vishram has also noti' supported the case of the prosecution and PW 6 Jeevanchand Is a I ’ : \/ Witness from whose shop 7 gold coms were seized. However, It has 3 beeh Efdund that the thumb impression of the respondent Radhey: ‘ Shyam on the sale and purchase register available in his shop ha$ f notbeen tallied with the thumb impression of Radhey Shyam and in " fact in the register only signature of Radhey Shyam is available and the prosecution has not proved otherwise that the thumb impression. and signature of Radhey Shyam are one and the same and they beionged to the accused Radhey Shyam. Moreover, the .prosecution has not examined the investigating officer who has conducted the investigation and as such the possibility of the prosecution witnesses having mixed‘up with the accused has also not been proved by the prosecution and no such inference can be drawn for the failure of the prosecution to examine the investigating officer. 5. ln view of the above, this Court finds that the appellant/State hashot been able to establish the charges against the WI respondent/accused and the present appeal challenging the acquittal of the accused has no substance, it deserves to be and is hereby dismissed. Sd/— ‘ Prashant Kumar Mishra Judge rr‘f’i ,,, Ii Gopal :