DHARAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution case in brief is that on 25.2.1997, Shri Narender Mohan Monga, Mining Officer, Gurgaon inspected the mines of village Kota and found Dharam Pal accused resident of village Kota getting stones extracted from the mines belong to Haryana Mines and Mineral Department with the help of 6-7 labourers. No contract had been given for the extraction of stones front he mines to Dharam Pal accused at village Kota. None had authorised him to extract the stones. On seeing government jeep approaching Dharam Pal, and the labourers, they ran away. Shri Monga reported the matter to H.C. Allah Baksh. On the basis of that report, case FIR No. 85 dated 26.2.1997 was registered under Section 379 IPC at PS Tauru. Dharam Pal accused was arrested. After investigation, he was challaned.

(2.) DHARAM Pal accused was charged under section 379 IPC by the Magistrate on 19.9.1997. He pleaded not guilty to the charge and claimed trial. On the conclusion of the trial, Judicial Magistrate First Class, Nuh found the charge proved against the accused. He accordingly convicted him thereunder and sentenced him to undergo RI for 6 months and to pay fine of Rs. 2000/-, in default of payment of fine, he ordered him to undergo further SI for one month.

(3.) DHARAM Pal accused has come up in revision to this Court against the order of Additional Sessions Judge, Gurgaon dismissing his appeal against conviction and sentence passed upon him by the learned Magistrate.