JUDGMENT :

Rakesh Kainthla, J.

The present revision is directed against the judgment dated 22.12.2012, passed by the learned Sessions Judge, Kangra at Dharamshala, H.P. vide which the judgment dated 27.09.2007 and order dated 28.09.2007 convicting the petitioners (accused before the learned Trial Court) for the commission of offence punishable under Section 379 read with Section 34 of IPC and sentencing them to undergo simple imprisonment for two years and pay a fine of Rs.5,000/- and in case of default to further undergo simple imprisonment for six months was upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present revision are that the police filed a challan against the accused for the commission of offence punishable under Section 379 read with Section 34 of IPC. It was asserted that JTO Lalit Thakur (PW-1) made a complaint to the police (Ext.PW-1/A) stating that 20 pairs of cable measuring 400 meters worth Rs.9200/- were stolen on the intervening night of 24.04.2006 and 25.04.2006 at Deol Phatahar, Telephone Exchange. The police registered the F.I.R. (Ext.PW-7/A) . SHO Sureshtha Thakur (PW-7) went to the spot and prepared the site plan (Ext.PW-7/C). She also recorded the statements of the witnesses as per their version. She received secret information that the accused, who were Junk Seller, had kept a bundle of copper wire inside their shop-cum-Store. She associated one Rajnish Awasthy (PW-2) and went to the spot for verification of information. The wives of the accused were called to the spot. The lock put on the shop was also broken and search of the shop/store was conducted. The police recovered one white bag and the copper (Ext.P-1). It was weighed and its weight was found to be 21 kg 500 grams. The pieces of wire (Ext.P-2) weighing about 10 kg were also recovered from the spot. These were seized vide seizure memo (Ext. PW-1/B). A site plan of the place of recovery(Ext.PW-7/D) was prepared. Kamal Chand (PW-8) conducted further investigation of the case. He interrogated the accused. Accused Raman Kumar made a disclosure statement (Ext.PW-8/A), that he could get recovered one hacksaw blade and some of the copper extracted after burning the cable. This statement was signed by Gian Chand (PW-3) and Rakesh Kumar (PW-4). The accused took the police and witnesses to the bushes from where the copper wire (Ext.P-3) and one hacksaw blade (Ext.P-4) were recovered. The wire was weighed and its weight was found to be 700 grams. Wire and hacksaw blades were put in separate parcels. The parcel containing wire was sealed with seal “M” and the parcel containing the hacksaw blade was sealed with seal “K”. Seal impressions (Ext.PW8/C and Ext.PW-8/D) were taken on separate pieces of cloth and the seal was handed over to Gian Chand (PW-3)after its use. The parcels were seized vide seizure memo (Ext.PW-8/B). The site plan (Ext.PW-8/E) of the place of recovery was prepared. Statements of the witnesses were recorded as per their versions and after the completion of the investigation, the Challan was prepared and presented before the Court.

3. The learned Trial Court found sufficient reasons to frame charges against the accused for the commission of an offence punishable under Section 379 read with Section 34 of IPC. The accused pleaded not guilty and claimed to be tried.

4. The prosecution examined 8 witnesses to prove its case. Lalit Thakur (PW-1), is the informant. Rajnish Awasthy (PW-2) is the witness tothe recovery of copper from the shop of the accused. Gian Chand (PW-3) and Rakesh Kumar (PW-4) are the witnesses of the disclosure statements made by accused Raman Kumar and the consequent recovery. However, they have not supported the prosecution case. Udho Ram (PW-5) the lineman, who detected the theft. Madan Lal (PW-6) is the owner of the shop which was rented by him to the accused. He did not support the p