MOHD LALIF Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Alok Kapoor learned counsel for the revisionist and learned AGA for the State.

(2.) THIS criminal revision has been filed by Mohd. Latif and Ram Nath challenging the judgment and order dated 5.7.2001 passed by VIth Additional Sessions, Unnao in Criminal Appeal No.11 of 2000 by which the criminal appeal, filed by the revisionist, was partly allowed and revisionist were acquitted under Section 379 IPC and were convicted under Section 411 IPC and Section 5 of U.P. Electricity Wire and Transformer (Prevention and Punishment of Theft) Act,1976.

(3.) AS per prosecution version a first information was lodged by Madan Kishore Avar Abhiyanta in Police Station -Ajgain about theft of electrical wires in the night of 29/30.7.1993. On this, a case under Section 379 IPC was registered as Crime No.325/93. During investigation, the investigating officer of this case receiving information that Rajesh is cutting wires of electrical and telephone lines along with his friend and is selling to Munna son of Ghasita Kabari who is indulged in melting the wires, raided the house of Munna Kabari. Two persons after seeing the police fled from his house towards West. Police persons entered into the house and saw two persons melting the Aluminum wires and also found some telephone and electrical wires. They were arrested. One person told his name Mohd. Latif son of Mohd. Sarif @ Munna Kabari and second told his name Ram Nath son of Prabhu Yadav. Two persons who managed to escape from there were told to be Mohd. Sharif @ Munna Kabari and Rakesh @ Raju. The police party took the electrical and telephone wires weighing about 5 and 10 Kg respectively, 20 sillies of Aluminum and other utensils and apparatus for melting the aluminum wires in custody. Fard was prepared and the offence under Section 411 IPC was added in the case. Crime No.325/93, along with Section 5 of U.P. Electricity Wire and Transformer (Prevention and Punishment of Theft) Act,1976.