Indian Kanoon - Search engine for Indian Law

7. PW.1 has deposed about lodging of Ex.P1 and conducting mahazars as per Exs.P2 to P7. He has stated that at five places, aluminum and copper wires were stolen. He has further stated that after lodging of the complaint, madhugiri police showed 123 aluminum ingots and 38 copper ingots marked as MOs.1 and 2. In the cross-examination he has denied of having lodged a false complaint.

8. The prosecution has got examined PWs.2 to 7, the owners of the land from where the theft of copper and NC: 2023:KHC:38289 aluminum wires have taken place. PWs.4 to 6 and 7 have been treated hostile by the prosecution. PWs.2 and 3 have stated that the wires were stolen from the poles erected in their lands. The evidence of PWs.2 to 7 goes to show that there was theft of aluminum and copper wires and they had lodged complaints in this regard. Further, PW.2 has identified his signatures on Ex.P2 to P6 namely the spot mahazars which were drawn on 01.12.2005.

9. PW.8 is the police constable who apprehended accused Nos.2 and 3 and produced before PW.9 on 06.05.2005. He has sated that the said accused led the police and panchas to the shop of one Amanulla wherein accused No.4 was present and at the instance of accused Nos.2 and 3, accused No.4 produced the aluminum and copper ingots which are said to have been sold to him about fifteen days prior. He has stated that they recovered 123 aluminum ingots and 38 copper ingots under a mahazar Ex.P12.

NC: 2023:KHC:38289

10. PW.9 namely the investigation Officer has deposed about the arrest of accused Nos.2 and 3 on 06.12.2015 and recording of their voluntary statements as per Exs.P14 and 15. He has deposed about accused Nos.2 and 3 leading the police and panchas to the scrap shop wherein accused No.4 produced 123 aluminum ingots and 38 copper ingots which were seized under a mahazar - Ex.P12 in the presence of panch witnesses PWs.10 and 11.

11. From the above material on record, it can be seen that there was theft of copper and aluminum wires from the electric poles prior to 30.11.2005 and on the complaints of the land owners. PW.1 lodged a complaint on the basis of which the police registered a case against unknown persons for an offence punishable under Section 379 of IPC and investigation was taken up. On 01.12.2005, spot mahazars as per Ex.P2 to P7 were drawn. Accused Nos.2 and 3 are said to be apprehended on 06.12.2005 and their voluntary statements as per Exs.P14 and 15 were recorded. However, it is not NC: 2023:KHC:38289 forthcoming from the evidence of PWs.8 and 9 as to on what basis the said accused Nos.2 and 3 were arrested. According to the police, after the arrest the accused gave their voluntary statements and they led the police to the scrap shop of one Amanulla, wherein accused No.4 - Syed Fairoz was present. PWs.8 namely the police constable and PW.9 - PSI who registered the case have stated that from the said accused No.4, 123 aluminum ingots and 38 copper ingots were recovered. On the ground that he has received the aluminum and copper wires belonging to BESCOM from accused Nos.2 and 3, knowing fully well that they are stolen property, he has been arraigned as an accused. What is relevant to be seen is that there is no material placed by the prosecution to show that the said accused No.4 received aluminum and copper wires belonging to BESCOM from accused Nos.2 and 3. Admittedly, what is recovered from accused No.4 is the copper and aluminum ingots. There is no material to show that the said copper and aluminum ingots were belonging to BESCOM. Merely because the copper and aluminum NC: 2023:KHC:38289 ingots were recovered from accused No.4 on that basis itself, it cannot be held that they are the melted copper and aluminum wires which were stolen from the electric poles at different places, prior to 30.11.2005.