RAM LAKHAN PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has been convicted under Section 411 of the Indian Penal Code and sentenced to pay a fine of Rs. 100.00 or in default to undergo rigorous imprisonment for two months.

(2.) The occurrence took place at about 10 P.M. on the 3rd July, 1966, At the relevant time the petitioner was employed -as a Lineman Erector, Grade III in the Heavy Engineering Corporation at Hatia.

(3.) The prosecution case which has been accepted by the courts below is that at the time of the occurrence the petitioner was coming out of the premises of the Foundary Forge Plant at Hatia on a cycle. At the main gate he got down from his cycle. Ramswaroop (P.W. 5) a security guard posted at the gate checked a waterproof which lay on the carrier of the cycle. It was found that a piece of flexible wire 85 cubits long wrapped in a piece of cloth existed in the folds of the water-proof. Accordingly the petitioner was taken to the Security Inspector of the Corporation Sri Baleshwar Prasad Singh (P.W. 2). Before the said security Inspector (P.W. 2) the petitioner made a confession to the effect that he had stolen the flexible wire from the Electrical store of the 26th building of the Foundary Forge Project.