Harbans Lal, J. - (1.) This judgment will dispose of Crl.Revn. Nos. 446 and 439 of 1996, as these have arisen out of the same judgment dated 28.10.1995/order dated 10.11.1995 rendered by the Court of learned Additional Chief Judicial Magistrate, Jagadhri vide which he convicted and sentenced each of the accused/petitioners to undergo imprisonment for a period of one year and six months under Sec. 411 of IPC as well as the judgment dated 5.7.1996 delivered by the Court of learned Additional Sessions Judge, Jagadhri vide which he dismissed the appeal.
(2.) The facts are gathered from Criminal Revision No. 446 of 1996. These are; Sub Divisional Officer (Operation), Haryana State Electricity Board (for short' the Board'), Mustafabad lodged a report Ex.PA with Station House Officer, Police Station, Chhapper on 11.9.1994 about the theft of Aluminium Coil and laminated core of 63 KVA on the intervening night of 9th and 10th September, 1994 from Village Kanheri Khurd. The price of the stolen coil was about 12320/ -. On the basis of above report, the case was registered on 21.9.1994. During investigation, the accused/petitioners along with one Rangi Lal, non -petitioner were arrested. Pursuant to their disclosure statements, they got recovered 20 kgs. of aluminium coil, out of which Joginder Singh accused/petitioner and Rangi Lal got recovered 7 kgs. each, though Shakti Kumar accused/petitioner got recovered 6 kgs. The rough site plan showing the place of occurrence was prepared. After examining the aluminium coil, Bakshi Ram, Assistant Foreman, Mustafabad certified that the same belongs to the Board and is not available in the open market. After completion of investigation, charge - sheet was laid in the Court of Illaqa Magistrate for trial of the accused. The accused/petitioners alongwith Rangi Lal were charged under Sec. 411 of IPC to which they did not plead guilty and claimed trial.
(3.) In order to substantiate its allegations, the prosecution examined five witnesses, namely, Mohd. Jaiki, S.D.O. HSEB PW1, Bakshi Ram AFM PW2, Phool Chand HC PW3, Gian Singh ASI PW4 and Des Raj PW5. On close of the prosecution evidence, accused were examined under Sec. 313 Cr.P.C. They denied all the allegations appearing in the prosecution evidence against them and offered to lead evidence in their defence, but without leading any such evidence, they closed their defence.;