THE HON’BLE SRI JUSTICE B.N. RAO NALLA Criminal Revision Case No.325 of 2005 ORDER: This Criminal Revision Case is filed against the judgment, dated 23.2.2004 in Criminal Appeal No. 116 of 2001 on the file of II Additional District and Sessions Judge (FTC), Srikakulam, whereby and whereunder the conviction and sentence imposed on both the accused for the offence under Section 411 IPC by the Judicial Magistrate of First Class, Special Mobile Court, Srikakulum, in C.C.No.313 of 2000 dated 6.8.2001, was confirmed. 2. The case of the prosecution is that the defacto complainant/ PW.1 gave a report-Ex.P.1 dated 29.5.1999 to police that on 2.5.1999 some unknown persons committed theft of 7 spans of Electrical ACSR wire worth Rs.3,500/- in the outskirts of Adavaram village. Basing on Ex.P.1 a case was registered for the offence under Section 379 IPC in Crime No.49 of 1999. That on 15.6.1999 at about 3.00 p.m., the Investigation Officer-PW 4, along with mediators, PW2 and A.Thavudu-LW5 went near the tank bund situated in between the Ampolu and Adavaram village and found two persons with a gunny bag. That on interrogation they admitted that they committed theft of the said wires. That as the material was heavy, they have hidden the same in the tank. That they are cutting them into pieces and selling. That the gunny bag contained some of the pieces. That the said 6 bundles of wire were seized in the presence of mediator under Panchanama. That the accused were arrested and sent for remand. 3. That C.C.No.269 of 1999 was received by transfer by the Judicial Magistrate of First Class, Special Mobile Court, Srikakulam from Judicial Magistrate of First Class, Srikakulam, as per the orders of the District and Sessions Judge, Srikakulam vide Dis,.No.541 dated 4-2- 2000 and renumbered as C.C.No.313 of 2000. 4. The prosecution examined PWs 1 to 4 and got marked Exs.P.1 to P.5 and M.O. 1 in support of its case, whereas no witnesses were examined and no exhibits were marked on behalf of the defence. 5. The trial court after taking into consideration the evidence brought on record by the prosecution, found both the accused guilty for the offence under Section 411 IPC and sentenced them each to undergo rigorous imprisonment for a period of three months. 6. The learned counsel for the revision petitioners is not present and there is no representation when the matter is called. Hence, the matter is disposed of on merits. 7. PW.3 being the Sarpanch of the village informed about missing of the ACSR wires to PW.1, Assistant Engineer, who in turn lodged the complaint-Ex.P.1 before the Police. On the basis of the complaint, PW.4-Sub-Inspector of Police registered a case in Crime No.49 of 1999 for the offence under Section 379 IPC and investigated into the matter. During the course of trial, when it was suggested to PW.1 that he filed a false complaint before the police, PW.1 denied the same. A perusal of the evidence of PWs 1 to 4 goes to show that there is no discrepancy in it and the prosecution clearly established that M.O.1 belongs to A.P. State Electricity Board and it was stolen from the electrical poles in between Adavaram and Ampolu village. PW.2 and PW.4 deposed that the accused were arrested on 15.6.1999 at 3.00 p.m. near the tank of Ampolu and Adavaram village and M.O. 1 was recovered from the accused, under mediators report. Ex P.2 is the relevant portion in confession-cum-seizure report. PW.4 stated that M.O.1- ACSR wire bundle was seized from the possession of the accused under mediatornama. In cross examination, he stated that in furtherance of confession of accused, they recovered ACSR wire from the water tank. 8. In the circumstances, both the courts below evaluated the evidence and other material on record in accordance with law and reached logical conclusion that the accused was guilty of offence under Section 411 IPC only and as such the same does not, in any way, warrant, interference from this revisional court. 9. In the result, the Criminal Revision Case fails and the same is dismissed. _______________ B.N.RAO NALLA,J -04-2010 Stp