SURESH ALIAS SURESH CHAND Vs. STATE

JUDGEMENT

(1.) The present revision application is preferred by Suresh Chand, original accused No. 2 in FIR No. 33/76 registered by the police of Narela Police Station for the offences punishable under Sections 379/411 read with Section 34 of Indian Penal Code.

(2.) PW-2 Surinder Kumar and PW-3 Madan Lal were students of M. L. Higher Secondary School, Narela. They had parked their cycles under school cycle stand on 18/02/1976 in the morning when they went to their school. In the evening they found that both the cycles were missing from the cycle stand. They, therefore, first approached the principal of the school and lodged a complaint about the missing of their cycles and there after they approached the police and lodged complaint regarding the theft of their cycles. On the strength of their complaint, offence was registered vide FIR No. 33/76 on 25-2-1976 and the present revision applicant as well as one Sahib Singh were arrested by the police. The police were in a position to recover both the cycles at the instance of both the accused which were sold by them. On the completion of necessary investigation both the accused i.e. the present revision applicant and Sahib Singh were challenged and case No. 36/2 was registered in the Court of Metropolitan Magistrate, Delhi.

(3.) A charge was framed against the present revision applicant and co-accused Sahib Singh for the offence punishable under Section 379, I.P.C. Accused had pleaded not guilty to the charge and their defence was of total denial and false implication.