Sureshwar Thakur, J.

1. The State of Himachal Pradesh standing aggrieved by the verdict recorded by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, whereby he reversed the findings of conviction recorded upon the accused by the learned Judicial Magistrate 1st Class (II), besides pronounced a verdict of acquittal upon them, stands hence constrained to institute the instant appeal herebefore.

2. The brief facts of the case are that on 29.03.1998 one Hakam Chand was working as room attendant in a restaurant at Dharamsala owned and managed by Punjab Tourism Report. At about 9.45 some customers came and complainant was directed by the Manager of the concerned resort to show the rooms to the customers. After the rooms were shown and the customers opted to occupy that room Hakam Chand went out to bring his luggage. In the meantime some other customers came who inquired about availability of rooms and charges. In the meantime the accused, who were employees of Hotel Ishan Resort came and told that they were charging 100/- only for the night stay in their hotel. The room attendant Hakam Chand called the Manager namely Pritam Chand and told him that th