RADHAPODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) -It appears that on 21st September 1971 at about 1-30 P.M. one Bans Narayan Das, Mukhiya of Gram Panchayat Somali lodged a F.I.R. at P.S. Kadwa stating that the applicants along with co-accused Gopal Mahto, Ramrati Devi and Ahilya Devi were melting copper wire in their house. The police raided the house of the applicants and found that the copper wire was being melted there. On seeing the police Ramrati Devi and Ahilya Devi threw the copper wire bundle in a nearby well. The police seized all the incriminating articles from the spot. A charge-sheet, was submitted against all the five accused after investigation, on the basis of which they were tried by the Judicial Magistrate, 1st class, Katihar.

(2.) Co-accused Gopal Mahto died during the pendency of trial and, as such, the trial proceeded against the remaining four persons. The Magistrate came to the conclusion that the prosecution has succeeded in proving its case beyond reasonable doubt and, accordingly, convicted them under Sections, 411 and 414, I.P.C. and section 5 of the Telegraph Wires (Unlawful Possession) Act (for short 'the Act') and sentenced them to undergo one year R.I. under Section 411, I.P.C., two years' R.I. each under Section 414, I.P.C. and Section 5 of the Act and sentenced other co-accused for one year R.I. each under Section 414, I.P.C. and Section 5 of the Act. All the sentences were directed to run concurrently, the applicants and other co-accused filed appeal to the Sessions Judge, Katihar which was disposed of by 1st Additional Sessions Judge, Katihar on 20-9-1986. He, while allowing the appeal of co-accused Ramrati Devi and Ahilya Devi in toto, allowed that of the applicants in part and set aside their conviction and sentence under Section 411, I.P.C. Feeling aggrieved the applicants have filed this revision.

(3.) Heard the learned counsel for the parties and perused the record.