ORDER :

Instant criminal revision petition filed under Section 397 Cr.PC read with Section 401 of Cr.PC, lays challenge to judgment dated 13.8.2012, passed by the learned Sessions Judge, Solan, District Solan, HP, in Criminal Appeal No. 2-S/10 of 2011, affirming the judgment of conviction and order of sentence dated 16.12.2010, passed by the learned Judicial Magistrate First Class-2, Nalagarh, District Solan, H.P., in Criminal Case No. 3/2 of 09/2004, whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Section 380 of IPC, convicted and sentenced him to undergo rigorous imprisonment for a period of six months and pay fine of Rs. 500/- and in default of payment of fine, to further undergo simple imprisonment for a period of ten days.

2. Precisely, the facts of the case, as emerge from the record are that in the intervening night of 13/14.10.2003 at about 2:30 AM, while police party headed by ASI Iqbal Hussain (PW7) was on patrolling duty at bus stand Nalagarh, a vehicle bearing registration No HP-10-2827, came, but driver of the aforesaid vehicle after having seen the police, turned back the vehicle. On suspicion, police party chased the aforesaid vehicle in a government vehicle bearing registration No. HP-14-7753 and intercepted the vehicle at a place called Simani. Though 2-3 persons travelling in the vehicle in question fled away from the spot taking advantage of the darkness, whereas driver of the vehicle i.e. petitioner-accused, came to be nabbed by the police. Though police tried to search the remaining 2-3 persons travelling with the accused, but in vain. Police brought the vehicle to Ramshehar, where Junior Engineer of IPH Sub Division Ramshehar i.e. PW1 Krishan Kumar, met the police and disclosed that some persons have committed theft of 21 gun metal gate valves, 2½” dia, 22 gun metal gate valve 3” dia and 42 GI Unions of 3”dia, from their store. The above named complainant identified the stolen articles, which at that relevant time, were being transported in the vehicle being driven by the accused. Police after having recorded the statement of the complainant under Section 154 Cr.PC (Ex.PW1/A), wherein he disclosed the factum with regard to theft in the IPH store at Ramshehar, lodged formal FIR Ext.PW6/A. Though police was unable to trace out the other 2-3 persons, who had fled away from the spot, but person namely Rattan Sen, who is owner of the vehicle also came to be named in the FIR and he was also tried alongwith the accused. After completion of the investigation, police presented challan in the competent court of law, who being satisfied that prima-facie case exists against the accused, charged them under Sections 457, 380 and 120-B of IPC, to which they pleaded not guilty and claimed trial.

3. Prosecution with a view to prove its case examined as many as seven witnesses; i.e. Krishan Kumar Sharma as PW1, Bagga Singh as PW2, Surinder Singh as PW3, Virender Kumar as PW-4, Const. Baljeet Singh as PW5, Surender Pal as PW6 and ASI Iqbal Hussain as PW7, whereas accused in their statements recorded under Section 313 denied the case of the prosecution in toto and claimed themselves to be innocent. However, they did not lead any evidence in their defence.

4. Learned trial Court on the basis of evidence led on record by the prosecution, vide judgment dated 16.12.2010, though acquitted the co-accused Rattan Sen of the offences punishable under Sections 457, 380 and 120-B of IPC, but held the petitioner-accused guilty of having committed offence under Section 380 of the IPC and accordingly, sentenced him as per the description given herein above.

5. Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the court below, accused preferred an appeal in the court of learned Sessions Judge-I, Solan, District Solan, H.P., which also came to be dismissed vide judgment dated 13.8.2012, as a consequence of which, judgment of conviction r