M. Jeyapaul, J. - (1.) A 1 -Pawan Kumar, A2 -Raj Kumar, A3 -Onkar Singh, and A4 -Ajay Kumar faced the trial before the learned Sub Divisional Judicial Magistrate, Amloh, for the offences under Sections 120B, 420, 468 and 411 of the Indian Penal Code. A3 -Onkar Singh and A4 -Ajay Kumar have jointly filed Criminal Revision No. 314 of 2005, whereas A1 -Pawan Kumar and A2 -Raj Kumar have filed separate Criminal Revisions No. 335 of 2005 and 495 of 2005 respectively. All the four accused were convicted for offence under Section 420 Indian Penal Code and were sentenced to undergo two years each rigorous imprisonment and to pay a fine of Rs. 500/ - each, in default, to undergo a further period of one month. They were convicted under Section 411 Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. They were also convicted under Section 120B Indian Penal Code and sentenced to undergo rigorous imprisonment for six months. All the sentences were ordered to run concurrently. All the accused were acquitted of the charge under Section 468 Indian Penal Code.
(2.) IT is a case of theft of iron scrap materials from M/s Modern Steel Limited by its own employees, namely, Pawan Kumar, Raj Kumar, Onkar Singh, and Ajay Kumar (petitioners herein). The prosecution could lead material evidence to establish the aforesaid charges framed as against the accused. Therefore, they were convicted as stated supra by the learned Sub Divisional Judicial Magistrate, Amloh. The matter was taken up in appeal by the aggrieved accused, but the learned Sessions Judge, Fatehgarh Sahib, having concurred with the verdict passed by the trial Court, dismissed the appeal preferred by the petitioners herein. Hence the present revisions.
(3.) LEARNED senior counsel Shri Bipan Ghai appearing for the petitioners herein would submit that the petitioners though challenged the conviction part of the judgment pronounced by the trial Court and confirmed by the appellate Court, they have now restricted their prayer with respect to the quantum of sentence awarded to them by the trial Court and confirmed by the appellate Court. That was the reason why this Court has not gone in detail the facts and circumstances of this case.;