BALLA @ BALRAM Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been filed against the judgment dated 22.06.2015 passed in Cr. Appeal No.45/2015. The appellate Court affirmed the judgment of the trial Court in regard to award of sentence of RI six months with fine of Rs.200/-

(2.) The petitioners were prosecuted for commission of offence punishable under Section 379/34 of IPC. The allegation against the applicants is that in the night of 23.01.2014, they had committed theft of electric motor 5 HP which was of the ownership of Vishal Jat and another electric motor of 5 HP of Mr. Girjesh Jat. They had taken away three electric motors total value of Rs.25,000/-.

(3.) The fact of theft has been proved from the evidence of (PW-1) Vishal Jat, (PW-2) Girjesh Jat and (PW-3) Manoj Jat. (PW-2) specifically deposed that accused/applicant No.1 Balla @ Balram had confessed before the police that he had concealed the motor at Khaderi river and thereafter, from that place, motor and starter were recovered. He had also verified his signature on memorandum (Ex.P-4), Seizure memo (Ex.P.5, P-6 and P-7). (PW-1) verified the fact that he had lodged a report at the Police Station which is (Ex.P.1). (PW-3) further verified that he had seen the accused persons in a Forest. Same fact has been verified by (PW-5) and (PW-6) an Investigating Officer. Both the Courts have appreciated the evidence properly. There is sufficient evidence on record to hold the applicants guilty for commission of offence punishable under Sections 379/34 of IPC. Hence, in my opinion, the findings recorded by both the Courts in regard to guilt of the petitioners are in accordance with law.