SHARNU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE two petitioners, hereinafter referred to as the two accused, stand convicted for the offences under Sections 457 and 380, Indian Penal Code, by the learned Judicial Magistrate 1st Class, Karsog, District Mandi. Each of the two accused has been sentenced to simple imprisonment for a period of three months and to pay a fine of Rs. 500/- on each of the two counts. Both the substantive sentences of imprisonment have been directed to run concurrently. The conviction and sentence imposed upon each of the two accused have been affirmed in appeal by the learned Sessions Judge, Mandi, vide the impugned judgment dated 24.10.1994.

(2.) BRIEFLY stated, the facts of the present case are these : On the night intervening 5/6th April, 1992 a theft was found to have been committed in the store of PW.1 Dharam Pal. During the course of such theft two gunny bags containing 47 Kgs. of Guchhis valuing about Rs. one lac were found to have been stolen. On the basis of report made to the police by PW.1 Dharam Pal on 6.4.1992, a case under Sections 380 and 457, Indian Penal Code came to be registered at police station Karsog vide FIR No. 34/92. During the course of investigation it came to the notice of the investigating officer that one Bhawania had purchased some Guchhis from accused Karam Chand. This information led to the discovery of the fact that the accused had sold various quantities of Guchhis to different persons. Both the accused came to be arrested on 1.5.1992 and while in custody of the police they made disclosure statements under Section 27 of the Evidence Act which led to the recovery of 1-1/2 gunny bags of Guchhis from a pit in the jungle. Thus, on a case having been found against each of the two accused for offences under Sections 457/380, Indian Penal Code, they were accordingly challenged and sent up for trial.

(3.) THE learned Magistrate upon consideration of the material placed before him came to the conclusion that a case under Sections 457/380, Indian Penal Code stood proved against each of the two accused beyond a reasonable doubt. He accordingly vide his judgment dated 28.8.1993 convicted each of the two accused for the said offences and sentenced them to imprisonment and fine on each of the two counts as aforesaid.