(1) THE facts giving rise to this appeal are that the appellants before us are the driver A-1 and the registered owner of the bus (No. KLB 946 A-2, holding a state carriage permit over it. The said bus had been purchased by A-2 with the help of a financier under a hire-purchase agreement. Sometime thereafter, on 2/6/1986, A-2 sold the bus with the state carriage permit to the complainant, but subject to the hire-purchase agreement with the financier. The complainant paid a sum of Rs. 38,000.00 to A-2 as part payment of the price and agreed to pay the instalments to the financier. The complainant defalcated in the payment of the instalment whereupon, on 11/11/1986, the vehicle was taken possession of by the financier and at that juncture statedly both A-1 and A-2 were present in the bus - A-1 having driven it away. This, in sum, is the total prosecution case.

(2) THE trial court charged the appellants for offence punishable under Section 379 read with Section 114 Indian Penal Code and had sentenced them to one years RI and to pay a fine of Rs. 2,000.00 in default of payment of which to undergo RI for nine months. The court of Session allowed their appeal acquitting th