KHAIRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) One Shri B.L. Asnani, Assistant Engineer, Rajasthan State Electricity Board, Ajmer Camp at Barmer filed a report at the police station, Barmer on 14.12.1979 to the effect that his employees Gangmen were lying electric wire from Barmer to Chohtan Road in Distt.-Barmer. It is further alleged that on 13.12.1979, two drums of Aluminium wires were put in village Undkha and 19 drums were put at Neemdi. When on 14.12.1979, the labourers of the first informant went to village Undkha, they did not find two drums of electric wires. The Junior Engineer, Shri Ram Rakhani reached to the site on receiving information and found that two drums of electric wires were missing and tyre marks of the truck and foot marks of persons were noted on the spot. The employees of the R.S.E.B. went to village Neemdi, Tthere also two drums of electric wires were missing and there also tyre marks and foot marks of persons were found. According to the allegations, four drums containing 10 KM of wires with approximate value of Rs. 52,000/- were missing.

(2.) After investigation, the police has submitted a charge-sheet under Sec. 379 and 379 read with Sec. 34, I.P.C. against eight accused-persons namely; Bansiram, Gordhan, Bagaram, Bhakhra Ram, Khumaram, Jagmal, Bharmal and the petitioner Khairaj. After trial; seven accused-persons were acquitted and petitioner Khairaj was convicted for the offence punishable under Sec. 379, I.P.C. and was sentenced to three years' R.I. by the learned Chief Judicial Magistrate, Barmer on 6.4.1984.

(3.) Aggrieved against the conviction and sentence, the accused-petitioner filed an appeal before the learned Sessions Judge, Balotra-camp at Barmer. The learned Sessions Judge vide judgment dated 19.12.1984 confirmed the finding of guilt recorded by the learned Chief Judicial Magistrate, Barmer and maintained the conviction.