KANDURI KASTA AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THIS is a petition in revision against the appellate judgment of the Sessions Judge of Cuttack, maintaining the conviction of the Petitioners under Section 379, Indian Penal Code and the sentence of one month's rigorous imprisonment and fine of Rs. 100/ - on each of the two Petitioners passed by a Magistrate, III Class, Cuttack.

(2.) THE learned Sessions Judge pointed out in his judgment that the sentence was rather lenient as the article stolen was telegraph wire belonging to the Central Government. Hence at the time of the admission of this revision petition notice was issued on the Petitioners to show cause why the sentence may not be enhanced and they were given adequate opportunities to show cause against their conviction also, and to argue the revision both on facts and on law.

(3.) THE two Petitioners admitted that they were arrested by the Police party while they were walking along the railway Jin on the date of occurrence, but denied having committed any theft of copper wire. Apparently their plea was they were mere innocent pedestrians who met the police petrol party and that the latter falsely charged them with having committed theft of copper wire and "planted" some copper wire on them with a view to show that they were recovered from their possession. The Petitioners also examined two defence witnesses d.ws. 1 and 2 in support of this plea.