RASANANDA BINDHANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioners assail their conviction and sentence as awarded by the learned Judicial Magistrate, first class, Baripada and affirmed by the learned Sessions Judge, Baripada.

(2.) Prosecution case is that on 12-9-1982 a first information-report was lodged by the Electrical Sectional Officer, Construction, Betnoti alleging that in the night between 11-9-1982 and 12-9-1982 Low tension conductors of 12 spans had been stolen from Sarbana sub-station. During investigation and acting on some information, houses of the present petitioners were searched and some cut wires, aluminium articles and semi-finished aluminium products were seized. The seized aluminium wires were sent to the S.D.O., Electrical for opinion as to whether they are low tension conductors used by the Orissa State Electrical Board. The answer was in the affirmative. Therefore, the two petitioners and another Rabindra Kumar Patil (since acquitted) were sent for trial for offences punishable under Ss. 379 and 411 of the Indian Penal Code, 1860 (in short 'IPC'). Plea of the petitioners was one of denial of the occurrence. Eight witnesses were examined to further the case of prosecution. On evaluation of evidence, it was held that the guilt of the petitioners was established beyond shadow of doubt. The petitioners were convicted for the offence punishable under S. 411, IPC and sentenced to rigorous imprisonment for two years. The appellate court affirmed the conviction and sentence awarded by the trial court.

(3.) Main plank of the petitioners' argument is that there was no positive material to show that the materials seized from the houses of the petitioners were stolen property and, therefore, their possession cannot be said to be unlawful. It is submitted that they are blacksmiths by profession, and had to undertake repairing works of aluminium articles. Learned counsel for the State submits that possession of materials which are not available in open market clearly establishes that the petitioners were guilty of offences as alleged.