KUMAR CHANDRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the order passed by the learned Sessions Judge, Dhenkanal, confirming the order of conviction and sentence passed by the learned Sub-Divisional Judicial Magistrate, Talcher, against the petitioners under Ss. 143 and 379 of the Penal Code ('I.P.C.' for short).

(2.) The prosecution case lies within a short compass. The occurrence took place at about mid-night between 9-3-1973 and 10-3-1973 when the Fertilizer Corporation of India, Talcher (hereinafter referred to as 'F.C.I.') was under the process of construction and installation. Within its premises there was a steel yard inside which steel rods of different sizes and other steel materials were stored. The steel yard did not have a complete boundary and a road run through it in order to facilitate vehicles to bring in and take out steel materials. The steel yard was guarded by Security Guards belonging to the Central Industrial Security Force. At about mid-night when the occurrence took place, P.W. 2, a Security Guard, was on guard duty in the steel yard. He found that a truck bearing registration No. ORC 3815 came inside the steel yard and stopped. The head lights were switched off. When he went near the truck, he found that the petitioners had removed a bundle of iron rods kept inside the steel yard and had loaded the same in the truck. They had removed another such bundle and were carrying the same to be kept in the truck. When P.W. 2 challenged their action, petitioner 1 offered a bribe of Rs. 50/- to him which he refused. P.W. 2 blew his whistle, hearing which, P.W. 6, the Inspector of Central Industrial Security Force, who was on night patrol duty arrived at the scene of occurrence along with other security guards. They surrounded the petitioners, detained the truck and escorted them to the office of the F.C.I. Petitioner 1 offered a bribe of Rs. 3,490/- to P.W. 6 in order to escape the consequences of his action, but the offer of the bribe was refused. P.W. 6 lodged F.I.R. at the police station in the morning of 10-3-1973. After investigation charge-sheet was submitted against the petitioners for offences under Ss. 143 and 379 read with S.109, I.P.C.

(3.) The defence of the petitioners was denial of the occurrence, as well as, their participation. They stated that they had stopped the vehicle in order to take tea in a nearby hotel. At that time the security guards demanded bribe, but as they denied to pay the same, they were taken to the office of the F.C.I., detained there, cash was taken away from petitioner 1 and the false case was foisted against them.