PRAFULLA SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment and order, dated 20.122003, passed by the learned Judicial Magistrate, 1st Class, Sivasagar, in GR case No. 1120/2001, the accused-petitioner was convicted, under Section 380 IPC, and sentenced to undergo simple imprisonment for 6 (six) months and pay fine of Rs. 500/- and, in default thereof, suffer simple imprisonment for a further period of 1 (one) month.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be described thus: Nareswar Senapati (PW1), a Junior Engineer, Department of E & D, Sivasagar, was entrusted with the responsibility of getting ballot papers printed, in Phukan Printing Press, Sivasagar Town, for election of the Panchayat President, 9 Lalim Chapari Gaon Panchayat, in the year 2001. On 14.12.2001, the accused-petitioner, an employee of the said Printing Press, was caught red-handed by PW2, a Security Guard, posted at the said Printing Press, when he (PW2) noticed the accused-petitioner taking a bundle, with him, which turned to be a bundle of 84 numbers of stolen ballot papers, at the time, when the accused-petitioner was getting out of the said Printing Press. PW4, another Security Guard, also witnessed the said occurrence. On being informed about the occurrence, Nareswar Senapati (PW1) lodged a First information Report (in short, 'FIR'). Based on the said FIR, Sibsagar P.S. Case No. 371/2001 was registered, under Section 380 IPC, against the present accused-petitioner. Police arrived at the place of occurrence, recovered 84 numbers of newly printed blank ballot papers from the accused-petitioner and seized the same, Exhibit 2 being the seizure list in this regard. On completion of investigation, police laid charge-sheet against the accused-petitioner under Section 380 IPC.

(3.) During trial, the accused-petitioner pleaded not guilty to the charge framed against him under Section 380 IPC.