P VEERABABU Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Revision Case is directed against the judgment in Criminal Appeal No. 280/93 on the file of I Additional Sessions Judge, Rajahmundry, dt. 5-2-1996 confirming the conviction U/s 411, IPC and sentence of rigorous imprisonment for 1 1/2 years and fine of Rs. 1,000/- in default simple imprisonment for four months passed against the revision petitioner herein in C.C.No. 80/93 on the file of Judicial First Class Magistrate, Alamuru, dt. 15-11-1993.

(2.) The prosecution case in brief is that the Revision Petitioner was employed in the shop of Sri Shanthi Textiles of P.W.I on weekly wage basis. On 5-6-1993, P.W.I kept a cash bundle of Rs. 15,000/- in a wooden cash box while his fattier had kept another currency bundle of Rs. 85,000/- in another cash box and they closed the shop at about 1-30 p.m. and locked the doors and went away. On 6-6-1993 at about 7.00 a.m. P.W.I came to the shop, opened it as usual and noticed that the cash bundle of Rs. 15,000/- was missing from the cash box and thereupon, he went to the Police Station and lodged a report on the same day at about 10.00 a.m. A case in Crime No. 115/93 under Section 380, IPC was registered and investigated by P.W.3. The father of P.W.1 happened to go to Madras and he returned on 9-6-1993 at 10.00 a.m. and opened the second cash box and found that the bundle of Rs. 85,000/- was missing and thereupon P.W.1 again went to the Police Station on 9-6-1993 and presented a report of missing of Rs. 85,000/-. P.W.4 took up the investigation and arrested the revision petitioner on 9-6-1993 at about 4.00 p.m. at Gangalakurru village at the house of his father. He was interrogated in the presence of mediators, P.W.2 and another and he gave a statement and thereafter he led the police and panchas to the house of his brother-in-law by name Kolaraju and he dug the floor under a mat and took out a gunny bag. He then opened the gunny bag and took out a pillow cover wherein cash bundles, M.Os. 1 to 11 were concealed. They contained 'SST' stamp and they were found to be Rs. 1,00,000/- M.Os. 1 to 11 and pillow cover - M.O.12 were seized by P.W.4, Inspector of Police in the presence of mediators. After completing the investigation, a charge-sheet has been filed against the revision petitioner.

(3.) During the trial, the prosecution examined P.W.1, T.Purukshukani, the de facto complainant, P.W.2, Ganisetty Anjaneyulu, mediator, P.W.3, S.P.V.S. Kumar, Sub-Inspector of Police, P.W.4, V. Satyakumar, Inspector of Police and got Exs. P-1 to P-7 and M.Os. 1 to 13 marked. The revision petitioner denied the entire prosecution evidence and he finally stated that there are fourteen workers in the shop of P.W.I and that P.W.1 is not paying their wages regularly and hence he is organising a common platform for all the workers for the purpose of protecting their rights and hence P.W.1 foisted a false case. He examined his brother-in-law by name Kolaraju as D.W.1 and got his ration card marked as Ex.D-1.. The learned Magistrate scrutinised the above oral and documentary evidence and held that the prosecution is able to establish that a theft of Rs. 1,00,000/- had occurred in the shop of P.W.I and that M.Os. 1 to 11 comprising of cash bundles of Rs. 1,00,000/- is the theft property belonging to P.W.I and that the same has been found in possession of the revision petitioner and hence he is liable under Section 411, IPC and accordingly the learned Magistrate convicted him under Section 411, IPC and sentenced him to undergo rigorous imprisonment for 1 1/2 year and to pay a fine of Rs. 1,000/- in default to undergo simple imprisonment for four months. The revision petitioner challenged the above conviction and sentence before the learned I Additional Sessions Judge, Rajahmundry, in Criminal Appeal No.280/93, but the same has been dismissed and consequently the conviction and sentence passed by the learned Magistrate are confirmed. Aggrieved by the conviction and sentence as confirmed by the learned I Additional Sessions Judge, Rajahmundry, he preferred this Revision Case.