HARBIR SINGH Vs. STATE

JUDGEMENT

(1.) Facts giving rise to this revision petition are that Shri Harbir Singh and Baldev Singh (hereinafter referred to as petitioners) along with others were the employees of Messrs Prem Electrical Industries situated at 8370 Arya Nagar, Paharganj, New Delhi, a partnership concern dealing in the manufacture of electrical goods. Shri Krishan Lal (complainant) and Shri Inder Raj (Public Witness 5) are its partners. On 29th October, 1973, Shri Gurcharan Lal (PW2) who is the son of Shri Krishan Lal, went to the factory premises at 8 45 am., and saw Sukhdev Singh and Shri Baldev Singh who were working in the factory coming out of the factory with one Thela each in their hands. He asked them to stop but they succeeded in running away and he informed to his father Shri Krishan Lal. The stock in the factory was checked and on prima facia checking, it was found that about 20 kg of brass material manufactured by the firm for Sando Electrical Company bearing the seal of APSEB was missing The petitioners and other accused persons attending the factory thereafter and that aroused the suspicion of the complainant against them that they were committing theft of the goods of the factory and on the basis of that suspicion FIR was lodged on 19.1 1.1973 (Ex. PW4/A). On the basis of this report the Police investigated the case conducted search of house No.l8/108, East Moti Bagh, Sarai Rohilla, New Delhi, allegedly occupied by the accused persons on 1/2/1974 and some of the articles like screw machines, electrical goods, dies hammers, files, blades, screw driver, iron driller were allegedly recovered as mentioned in the search memo (Ex. PW3/A). This search was allegedly made in the presence of Shri Inder Raj, partner of the complainant firm, Shri Ram Roop Public Witness . 6 and one Shri Gurnam Singh, PW3. The petitioners along with other three accused persons were challaned under Section 381/34 Indian Penal Code on the allegation that on or before 29/10/1973, they while in the employment of Prem Electrical Industries, 8370, Arya Nagar, Pahar Ganj, New Delhi, committed theft of electrical goods of different kinds weighing 570 Kgs. 50 dies, two screw making machines and other tools in furtherance of their common intention They pleaded not guilty to the said charge and claimed trial.

(2.) There was no direct evidence of theft but on the basis of alleged recovery of some of the articles which were having no specific mark of identification, Courts below convicted the petitioners along with two other accused persons, namely, Darshan Singh and Sukhdev Singh under Section 381/34 IPC Darshan Singh and Sukhdev Singh were released on probation on executing bond in the sum of Rs. 3.000.00 with one surety in the like amount under Section 4 of the Probation of Offenders Act, whereas the petitioners were sentenced to undergo six months R.I. and a fine of Rs. 300.00 each and in default to further undergo two months R.I.

(3.) Aggrieved by the impugned judgment of the Addl. Session Judge dated 15/10/1979, these two petitioners have filed this revision petition. Though the revision petition is pending since 1979 and the case has been on the board none appeared either for the petitioner or for the State. Therefore, I proceed to decide this matter on the basis of the record available.