RAJ KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner challenges his conviction by the learned trial Court convicting him for offence under Section 379 read with Section 34 IPC and sentencing him for rigorous imprisonment for six months and fine of Rs. 2,000/ -and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month.

(2.) THE case urged by the prosecution was that one plainer belonging to Hans Raj, complainant, was stolen by the Petitioner and thereafter transported to village Giana in District Shimla where it was disposed of/sold to one Surender Kumar who was also convicted for offence under Section 411 IPC.

(3.) DURING investigation, it emerged that the Petitioner herein was one of the suspects as he had worked with the complainant for some time. On 22.9.1998 he was taken into custody and made a disclosure statement that he could get the plainer recovered from the house of accused Surender Kumar, who states that he had bought this from the Petitioner for a sum of Rs. 10,000/ -. According to the Petitioner and Surender, the plainer had been transported in jeep No. HP -55 -0153, which was driven by Kapil Goswami, the third accused, who has been acquitted by the learned Appellate Court.