1 HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Appeal No.35 of 2002 Decided on May 31, 2011 State of H.P. …Appellant. VERSUS Mohinder Singh & others. ….Respondents. Coram The Hon’ble Mr. Justice R.B.Misra, Judge. The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 For the Appellant: Mr.R.K. Sharma, Sr. Addl. AG. For the Respondents: Mr. Bimal Gupta, Advocate. R.B.Misra, Judge (Oral): The present criminal appeal for enhancement of sentence (awarded under Sections 420, 467, 468, 471 read with Section 120-B of Indian Penal Code) has been preferred, under Section 377 of the Code of Criminal Procedure, against the judgment dated 17.9.2001, passed in Criminal case No.117/2 of 2000, by learned Chief Judicial Magistrate, Simaur at Nahan, HP. 2. The prosecution case, in brief, is that on 1.12.1999, M/s Saboo Cylinders Private Ltd., Kala-Amb requisitioned Truck No. HR-37-6270, from M/s Kaka Transport Company, Ambala for transportation of scrap to Ludhiana. It was detected that chassis number and engine number of the said Truck were not found tallied Whether the reporters of the local papers maybe allowed to see the judgment? 2 with the chassis and engine number recorded in the registration certificate. The matter was reported to Police Post, Kala Amb and on the basis of which, FIR was lodged. The police investigated the case and after completing the formalities, the challan was presented in the Court. 3. During trial, accused-respondents confessed the guilt and their confessional statements were recorded. On the basis of confessional statements, the accused-respondents were convicted for the aforesaid offences, however, they were heard on quantuam of sentence keeping in view the fact that the accused-respondents were poor labourers, having small children. Learned Chief Judicial Magistrate, Sirmaur at Nahan took a lenient view and sentenced the accused-respondents to undergo imprisonment till rising of the Court and to pay a fine of `1000/- each, over each convicted accused for the offence punishable under Sections 420, 467 and 468 Indian Penal Code i.e. total fine of `3000/- for each accused i.e. a fine of `9000/- in all was to be deposited by all the accused-respondents and in default in payment of fine, each of the accused-respondents will suffer simple imprisonment for one month for each default. 4. We have gone through the materials on record and the judgment rendered by the learned Chief Judicial Magistrate, Sirmaur at Nahan. We have also noticed that the accused-respondents are poor labourers, who earn their livelihood by doing labour work, whose children are depending upon them. Moreover, the owner of the Truck has not been charged for the aforesaid offences. In the facts and circumstances, we find no illegality and scope for interference in the impugned judgment of the learned Chief Judicial 3 Magistrate. The criminal appeal, being devoid of any merit, is accordingly dismissed. ( R.B.Misra ), Judge. 31 May, 2011 (V.K. Sharma) (rkv) Judge.