- (1.) Heard the learned counsel for the petitioners as well as learned Public Prosecutor. This revision petition has been filed against the order dated 19 th December 1994 passed by the learned Sessions Judge, Jaisalmer in Cr. Appeal No.07/1992 whereby he dismissed the appeal of the accused-appellants filed against the judgment & order dated 21 st January 1992 passed by the Judicial Magistrate, Pokaran in Original Cr. Case No.48- A/1990 (sic 40-A/1990)- State v. Poona Ram & another, whereby the revision-petitioners were convicted for offence punishable under sec.379 IPC and they were sentenced to undergo one year's rigorous imprisonment and to pay fine of Rs.500/- each and in default to undergo further three months' rigorous imprisonment.
(2.) Brief facts of the case are that on 14.12.1989 at around 5AM, PW6- Jodha Ram, SHO, Nachna, who was accompanied with Police force, halted Truck No.RRF 6867, which was coming from RD No.1305 Ghantiyali and made a search of the truck. During the search, pieces of cast-iron pipes, weighing about 5-6 tons, were found loaded. The truckdriver Poona Ram and his companion Mahendra Khan were interrogated regarding pieces of iron-pipes loaded in the truck but they could not show any receipt in respect of that material, thereupon, a case under sec.379, 411 IPC was registered against them and investigation was taken up in that matter.
(3.) After due investigation, the Investigation Officer- Jodha Ram (PW6) filed challan against accused persons Poona Ram and Mahendra Khan for commission of offence punishable under secs.379 & 411 IPC before learned Judicial Magistrate at Pokaran. Learned trial court framed charge under secs.379, 411 IPC against the accused-petitioners, who denied the aforesaid charges and claimed trial.;