SUNIL MIRDHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.P. Dutta, learned counsel appearing on behalf of the appellants. Also heard Mr. K.K. Das, learned Addl. P.P. for the State of Assam.

(2.) The petitioners Sri Sunil Mirdha, Sri Samim Ali and Bipul Kurmi are before this Court with an application under Sec. 401 read with Sec. 397 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short). The petitioners are aggrieved by the judgment and order dtd. 24/8/2016 passed by the learned Chief Judicial Magistrate, Jorhat in G.R. Case No. 1508/2011, convicting them under Sec. 380 of the Indian Penal Code (IPC for short) and sentencing them to undergo simple imprisonment for 6(six) months and to pay a fine of Rs.1,000.00 with default stipulation. The petitioners are also aggrieved by the judgment and order dtd. 13/12/2019 passed in Criminal Appeal No. 33/2016 passed by the learned Addl. Sessions Judge, Jorhat dismissing the appeal preferred by the petitioners and upholding the sentence passed by the learned Chief Judicial Magistrate, Jorhat.

(3.) The genesis of the case was that the petitioners who were casual labourers under the MES Contractor were found carrying copper wire and metal piece (Rang) from the Technical Area of Air Force Station at Jorhat. On being checked by the Sentry at 16.15 hours on 1/10/2011 at MES exit gate, the petitioners were caught red handed carrying the above mentioned articles. The metal piece carried by the petitioners weighed 3.250 Kgs, 3.750 Kgs and 3.520 Kgs respectively. The FIR was lodged by the Flying Officer Sri Pritpal Singh. The FIR was registered as Jorhat P.S. Case No. 710/2011, under Ss. 380 IPC and the Investigating Officer was entrusted with the investigation.