THULU KARAMKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 16.05.2013 passed by the learned Sessions Judge, Bokaro in Criminal Appeal No. 201 of 2012 whereby the appeal filed by the petitioners has been modified to the extent that the conviction under Section 411 of IPC has been confirmed and the sentence has been modified from 2 years RI to SI of one year.

(2.) The learned trial court after appreciating the evidences of the prosecution as well as of defense, came to the conclusion that the petitioners are guilty for the charge under Section 414 IPC and accordingly sentenced them to undergo RI for 2 years with fine of Rs.1,000/- each. It was further directed that in default of payment of fine, they shall serve the sentence for additional 2 months.

(3.) The learned counsel for the petitioners submits that there is no report of theft by any corner and as such, it has not been proved that the articles were stolen property. He further submits that the profession of the petitioners is to manufacture the aluminium utensils and as such, recovery of aluminium wire with them is very natural. He further submits that both the courts below failed to take into consideration that the seizure list witness has categorically admitted that their signature had been taken on a plain paper. As such, this is a fit case where relief should be granted to the petitioners.