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1. Briefly stated, it is in allegation that the accused was caught red handed by the complainant while committing theft by house break at night. Thus, the accused is facing present trial on allegations that on 23.03.2016, at about 12:30 AM, in Farm No. F- 5, Radhe Mohan Drive, Jaunapur, New Delhi, the accused committed house breaking by night by entering into the said house by breaking the window grill of kitchen with iron plas of the complainant and attempted to commit theft in said house used as human dwelling house, however, the accused was caught red ASHISH Digitally signed by ASHISH FIR No:193/2016 PS: Fatehpur Beri State Vs. Padmesh Kumar @ Santosh Yadav KUMAR KUMAR MEENA Date: 2024.09.24 MEENA 15:35:10 +05'30' handed by the complainant and his father. Thus, the accused has charge-sheeted u/s 380/457/511 IPC.

2. Upon completion of investigation charge sheet U/s 173 Cr.P.C. was filed on behalf of the IO. Consequently, accused was summoned after taking cognizance of offence. Copy of charge- sheet was supplied to him in compliance of Section 207 Cr.P.C. Accordingly, the charge u/s 380/457/511 IPC was framed against the accused to which accused pleaded not guilty and claimed trial.

3. In order to substantiate the allegations, prosecution examined six witnesses. The complainant/PW-1 Kawal Singh has deposed that on 23.03.2016 at about 12:30 AM, he came to his house after meeting with his friends. He went to his room and noticed that light of bathroom is switched on and one person is lurking around. The complainant shouted loudly as he saw the accused with iron plas (Cutter) in his hand. The accused put the said cutter pointing towards his stomach and threatened not to shout. In the meantime, his father came to his room and accused tried to flee away, but they both caught him in the kitchen. The accused revealed that one more person was with him but he ran away. The accused also disclosed that he entered into the house by breaking window (Jali) of the kitchen. Thereafter, his parents made a call at 100 number. PCR came to his house and recorded his statement vide Ex.PW1/A. They handed over the accused to police, who disclosed his name as Santosh from Lucknow. Police arrested the accused in his presence vide Ex.PW1/B. IO prepared site plan vide Ex.PW1/D and seized the plas (cutter) vide Ex.PW1/E after making rough sketch of plas (cutter) vide Ex.PW1/F. During examination, the witness has correctly ASHISH byKUMAR MEENA FIR No:193/2016 PS: Fatehpur Beri State Vs. Padmesh Kumar @ Santosh Yadav KUMAR Date:

10. Final arguments heard. Case file perused.

11. Short point for determination before this court is as under:

'' Whether that on 23.03.2016, at about 12:30 AM, in Farm No. F-5, Radhe Mohan Drive, Jaunapur, New Delhi, the accused committed house breaking by night by entering into the said house by breaking the window grill of kitchen with iron plas of the complainant and attempted to commit theft in said house used as human dwelling house. Thus, the accused has committed an offence punishable u/s 380/457/511 IPC.
MEENA 2024.09.24 MEENA 15:36:26 +05'30'

23.03.2016, at about 12:30 AM, in Farm No. F-5, Radhe Mohan Drive, Jaunapur, New Delhi, the accused committed house breaking by night by entering into the said house by breaking the window grill of kitchen with iron plas of the complainant and attempted to commit theft in said house used as human dwelling house. Thus, the accused has committed an offence punishable u/s 380/457/511 IPC. Thus, in the backdrop of aforesaid discussion, facts and circumstances and material available on record, the prosecution has proved the charges u/s 380/457/511 IPC against the accused Padmesh Kumar @ Santosh Yadav beyond reasonable doubts.