A.P.Chowdhri, J.

1. The factual background necessary for the disposal of this criminal revision is as under :-

2. One Subhash Chander worked as Salesman of the shop of one Mehnga Ram and was thus known to him. On 16.7.1987 Mehnga Ram sent Subhash Chander to Delhi to bring a sum of Rs. 3,30,000/- from one Brij Mohan, Subhash Chander collected the amount and was bringing it in a cloth bag. He was travelling on the night between 16th and 17th July, 1987, by Shane Punjab train. When he reached Ambala Cantt he found the bag missing. He raised alarm and came out of the compartment and found that the police had apprehended two persons, namely, Paramjit Singh and Jagjit Singh sons of Diwan Chand and the bag containing the money was in the hand of the Sub-Inspector. Case FIR No. 103 dated 17.7.1987 was registered. The accused were tried. They initially pleaded not guilty. After a number of adjournments, they made an application that they wanted to make a confession. Their plea was recorded and they were convicted by the Special Railway Magistrate, Ambala, under Section 379 of the Indian Penal Code was sentenced to simple imprisonment for one year and a fine of Rs. 100/- each. During