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