KRISHAN DASS ALIAS KISAN DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The abovenoted two revision petitions arising out of the judgment dated 1-12-2000 of the learned Sessions Judge, Solan, passed in Cr. A. No. 3-S/10 of 2000 are being disposed of together by this judgment.

(2.) Each of the two petitioners hereinafter referred to as the accused stands convicted for the offence under Section 379 read with Section 34, Indian Penal Code, by the two Courts below and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 1000.00, in default of payment of fine, each of the two accused has been sentenced to undergo simple imprisonment for a further period of one month.

(3.) Prosecution story, briefly, may be thus stated, truck bearing registration No. HPN-845 belongs to one Mohanpal Singh. P.W. 4 Mohinder Singh is the father-in-law and general attorney of the said Mohanpal Singh and is operating the truck. On 21-1-1994 the truck developed a mechanical defect. It was, therefore, parked at village Dhiana. On the following day, a window of the truck was found open. On checking the "diesel pump", the "self starter" and the "tools Kit" were found stolen from the truck. A report Ex. PW 4/A was, therefore, made to the police by PW. 4 Mohinder Singh on the basis of which a case for the offence under Section 379, Indian Penal Code, came to be registered vide FIR Ex. PW/ 7/A. In such report PW. 6 expressed suspicion against accused Kishan Dass, since he was a driver by profession and capable of committing such theft.