NINGAPPA BIRAPPA MORKAJJERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed by the accused under Section 397 and 401 of Cr.P.C. for setting aside the judgment of conviction and order of sentence dated 07.04.2012 passed by the Court of Sessions Judge (Fast Track Court) at Haveri ( for short, 'Sessions Court/Judge) in Criminal Appeal No.63/2008 and also to set aside the judgment of conviction and order of sentence dated 08.09.2008 passed by the JMFC at Hanagal ( for short, 'trial Court') in CC No.167/2005 by allowing the revision petition and acquitting the revision petitioners/accused.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

(3.) The brief facts leading to the case are that, on 14.10.2003 at about 11.00 p.m., there was theft of electrical copper wire measuring 450 feet length connected to the pump-set of the complainant in his land. After noticing the same, he immediately did not lodge complaint. Subsequently, on 17.10.2003 at about 6.00 a.m., the complainant and other witnesses noticed that the Accused Nos. 1 to 3 were burning the wire to collect the copper from it in a stream near by the land of the complainant and then the complainant and CWs. 8 to 10 surrounded these persons and they were able to catch only accused Nos. 1 and 2, while Accused No.3 escaped. Then the complainant has identified his stolen wire and he lodged a complaint on 17.10.2003. They have also produced the stolen wire along with the accused and then the Investigating Officer undertook investigation and recovered certain other copper and aluminum wires at the instance of the accused and found that there is sufficient material evidence and submitted the charge sheet against the accused for the offences punishable under Sections 379 and 411 read with 34 of IPC and also under Section 98 of the Karnataka Police Act (for short, 'K.P. Act'), which is registered in CC No.167/2005. The trial was held and the prosecution has examined eleven witnesses and also placed reliance on six documents as well as on eight material objects. Then after appreciating the oral and documentary evidence, the learned Magistrate found that the accused have committed offences as alleged and accordingly, convicted them by imposing sentence of six months Simple Imprisonment with fine of Rs.500/- for the offence punishable under Section 379 of IPC and 6 months Simple Imprisonment with fine of Rs.500/- for the offence punishable under Section 411 of IPC and imposing only sentence of fine of Rs.100/- for the offence punishable under Section 98 of the K.P. Act, with default clauses.