STATE OF H.P. Vs. PAWAN SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the Additional Sessions Judge whereby respondent Pawan Singh, who alongwith one Subhash Chand, has been acquitted of the charges under Sections 380 & 457 IPC, by accepting the appeal against the judgment of the trial Magistrate whereby the respondent was convicted of offences punishable under Sections 380 & 457 IPC, and his abovenamed accomplice was convicted for offence punishable under Section 411 IPC and the respondent was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1000/- for each of the two offences.

(2.) RESPONDENT , alongwith four other persons, namely Tholu Ram, Kuldip Singh, Vjay Kumar and Subhash Chand, had been sent up for trial for offences punishable under Sections 457, 380, 411, 414 Whether reporters of the local papers may be allowed to see the judgment? read with Section 34 IPC. Allegations against the respondent and his abovenamed four accomplices were that on the night intervening 15th and 16th March, 1988, the respondent and two of his accomplices, named Tholu Ram and Kuldip Singh, broke open the lock of the store of Electrical Sub Division, Ganoh, and stole ACR Conductor worth Rs.27,000/- to Rs.30,000/-.

(3.) TRIAL Magistrate believed the version of the prosecution, with regard to the making of the disclosure statement by the respondent leading to the recovery of 10 bundles of wire weighing five quintals from Subhash Chand, one of the accomplices of the respondent. Consequently, the trial Magistrate convicted and sentenced the respondent and his accomplice Subhash Chand, as aforesaid.