HUSAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since common question of facts and law arise for consideration in both revision petitions, therefore, these were taken up together for consideration and are being disposed of by a common judgment.

(2.) The present revision petitions under Section 397 and 401 of the Code of Criminal Procedure (for short the =Code') are directed against the judgment passed by the learned Additional Sessions Judge, Simaur District at Nahan, on 31-08-2006 in Criminal Appeal No. 10- N/10 of 2002 whereby he dismissed the appeal filed by the appellants (Petitioner(s) herein) and affirmed the judgment passed by the learned Sub Divisional Judicial Magistrate, Rajgarh, Camp at Sarahan, District Sirmaur on 11.06.2002 in Cr. Case No. 13/2 of 2001 whereby the accused were convicted and sentenced to undergo simple imprisonment of six months each and to pay a fine of Rs. 500/- each for commission of offence punishable under Section 457 IPC read with Section 34 IPC and further sentenced to undergo simple imprisonment for a period of six months each and to pay a fine of Rs. 500/- each for the offence punishable under Section 380 IPC read with Section 34 IPC.

(3.) The case of the prosecution is that FIR No. 9/01 (Ex.PW1/A) came to be registered on 22.01.2001 by the complainant Gulzari Lal (Ex.PW1) on the allegations that he was running a wholesale and retail Karyana shop at Saharan Bazar and had been noticing that there were certain pilferages in the stock. It was only when one Rajinder Kumar resident of Thakur Dwara apprised the complainant that the accused Husan Singh had sold packets of Biri "Sher Chhap" brand and packets of cigarettes to one Shri Vishal (Shopkeeper) and that the other accused Ramesh Kumar used to accompany and roam with the accused Husan Singh, that he lodged the aforesaid FIR.