SHIVRAM Vs. STATE OF M P

JUDGEMENT

(1.) This is the revision of the year 2011 has been filed under section 397 and 401 of the Cr.P.C. being aggrieved by the judgment dated 22.02.11 passed by 10th Additional Sessions Judge, Indore in Criminal Appeal No.02/ 2011 whereby the petitioners were convicted for offence punishable under section 379 of the IPC and sentenced to 1 year rigorous imprisonment with fine of Rs.1000.00 each; in case of default of payment of fine they were to undergo additional one month imprisonment each.

(2.) Brief facts necessary for elucidation are that on 10.06.03 line man Shantilal informed Asst. Engineer, M.P. Vidyut Mandal, Betma that in the night of 8.06.03 somebody had committed theft of electrical aluminium wire of 2800 metre which was approximately of cost of Rs.45,000.00. The matter was reported at the police station. Upon the complaint of the complainant case was registered against the petitioners. After arrest, framing of charge and recording of evidence, petitioners were convicted as stated above, hence the present revision.

(3.) Learned Counsel for the State has per contra submitted that there is concurrent finding against the petitioners and the judgment of the Appellate Court is in accordance with law and does not require any interference and the revision filed by the petitioners be dismissed.