STATE OF ORISSA Vs. UDAYA PADHAN

JUDGEMENT

(1.) RESPONDENTS were charged under Section 819/411, I. P. C. and under Section 5 of the Telegraph Wires (Unlawful Possession) Act, 1950 (Act LXXIV of 1950) and have been acquitted. Prosecution case is that in the night of 24-11-1961 copper wires measuring 91. 44 metres were found missing from the telegraph line in between Raikia and Lokibadi. On information, the houses of the respondents were searched and the copper wires seized. The learned trial Court did not place reliance on the seizure witnesses (P. Ws. 2 and 3) and held that the prosecution could not establish beyond reasonable doubt the recovery of the copper wires from the possession of the accused. The State Government has filed the appeal against the order of acquittal.

(2.) THE charge under Section 5 of the Telegraph Wires (Unlawful Possession) Act, 1950 is not tenable. Section 7 (1) lays down that:

(3.) IT now remains for consideration whether the charges under Section 379 or 411, I. P. C. have been made out. P. Ws. 2 and 3 and the I. O. (P. W. 5) are the search witnesses. Seizure lists (Exs. 2, 3 and 4) relate to accused Udaya, Mundula and Saltu, respectively. I have perused the judgment of the trial Court with care. After having gone through the evidence of P. Ws. 2 and 3 I find that the criticism is fully unjustified. There is slight discrepancy in their evidence but they have stood the test of severe cross-examination and their evidence remains unchanged that copper wires were recovered in their presence after they had been given a thorough search of their body before entering the houses of the three accused persons. The I. O. (P. W. 5) also testifies to the same fact. The evidence of P. Ws. 2, 3 and 5 regarding search is acceptable. On their evidence I am satisfied that the copper wires were seized and recovered from their houses.