SK.BABAR ALLI Vs. STATE

JUDGEMENT

(1.) The petitioner assails the confirming judgment passed by the Ad-hoc Additional Sessions Judge (F.T.C.), Balasore in Criminal Appeal No. 59 of 1995 wherein he confirmed the conviction of the petitioners under section 379/34, I.P.C. The learned Ad-hoc Additional Sessions Judge also confirmed the sentence of rigorous imprisonment of three years and to pay a fine of Rs. 500/- each, in default, to undergo rigorous imprisonment for a period of another one month each.

(2.) The prosecution alleges that on 7.8.1987, electric staffs were performing their patrolling duty in between village Nandika and Chalanti and then they found three persons were cutting the lower angles at a distance. Out of such three members of the patrolling group, one came to call the other workers from Baghakali camp and rest two watched. the culprits. On the arrival of further staff, the accused persons were surrounded and caught red handed, but another culprit escaped. Thereafter, the matter was reported to the police by the Junior Engineer, Electrical and case under section 379/34, I.P.C. was registered.

(3.) In course of the trial, the prosecution examined eight witnesses. After considering the materials on record, the learned Trial Court came to a conclusion that prosecution has proved its case beyond reasonable doubt. He connected them for offences under section 379/34, I.P.C. and sentenced them as aforesaid.