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1964 Supreme(HP) 1

OM PARKASH
Chunilal – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Inder Singh, Special Public Prosecutor, for Respondent.

ORDER :-

This revision-petition is directed against an order of the learned Sessions Judge, Mandi, dismissing the appeal of the petitioner, against his conviction and sentence, under Sec. 411, I.P.C.

2. The prosecution was as follows :-

A temple of Dev Tungasi (hereinafter referred to as the temple) is situated in village Niari, Police Staton Gohar, Tehsil Chachiot, District Mandi. The temple was broken into on the night of the 23rd September, 1951 and from the Rath of the Dev, six gold plated mohars, two gold plated galpatas, one gold plated dodi, and one sankh were stolen. The theft was detected by Durga Singh PW. 7, on the 24th September. He informed Thakur Bass PW. 1, the pujari of the Dev. Thahur Dass lodged the report Ex. PA about the theft, with Head Constable Chandermani, P.W. 20, who was on patrol, in the ilaqa. The police suspected that the theft had been committed by the petitioner. A search was made for him, but he was not traceable. When all efforts failed to trace the petitioner, he was proclaimed an absconder.

3. On 17-9-62, nearly a year after the theft, in the temple, the petitioner had come to the house of Sant Ram in village Khani Phati, District Kulu. As the petitio














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