BALDEV SINGH RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present revision petition under Sections 397 and 401 of the Code of Criminal Procedure (for short the 'Code') is directed against the judgment dated 20.6.2008, passed by the learned Sessions Judge, Kangra at Dharamshala, H.P. in Criminal Appeal No. 35B/X2007, whereby he dismissed the appeal filed by the petitioner and affirmed the judgment of conviction and sentence dated 23/24.10.2007 passed by the learned Judicial Magistrate, 1st Class, Baijnath, District Kangra, in Criminal Case No. 14II/2007, vide which the petitioner was convicted and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs. 500/ and in default of payment of fine to further undergo simple imprisonment for one month under Sec. 447 of the Indian Penal Code (fort short, "IPC"); and to undergo simple imprisonment for one year and to pay a fine of Rs.2000/ and in default of payment of fine to further undergo simple imprisonment for three months under Sec. 3 of the Prevention of Damage to Public Property Act, 1984 (for short, "the Act"). However, both the sentences were ordered to run concurrently.

(2.) Briefly stated, the case of the prosecution is that on 25.10.2006, PW2 Janak Chand, Incharge, HRTC Baijnath, reported to the police that adjoining to the HRTC Bus Stand is the shop of the petitioner, who is running business of confectionery therein. In between the land of HRTC and the said shop, there existed a boundary wall. The said wall was constructed at the time of construction of the Bus Stand itself, however, the petitioner on the intervening night of 24/25.10.2006 with an intention to occupy the land of HRTC got the said boundary wall dismantled by engaging some labourers. He was further found fixing shutter to the shop on the spot.

(3.) The investigation was carried out and during the course of which, spot map, Ext.PW4/A, was prepared and photographs of the spot, Ext.PW3/A to Ext.PW3/C were taken and thereafter, got developed and negatives of same were exhibited as Ext.PW3/D to Ext. PW3/F. The Regional Manager, HRTC gave a certificate, Ext.PW1/A qua damage caused to the government property.