Budihal R.B., J.

This is the revision petition preferred by the State, challenging the legality and correctness of the judgment and order of acquittal dated 24th March, 2007 passed by the JMFC Court at Madikeri in C.C.No.388/2005 and also the order dated 19th September, 2014, passed by the I Additional District and Sessions Judge, Kodagu at Madikeri in Crl. Appeal No.22/2008.

2. The Trial Court acquitted the respondents/ accused for the alleged offence under Section 379 read with Section 34 of IPC.

3. Brief facts of the prosecution case as per the complaint averments, that on 9.10.2004 at about 10.00 p.m., accused Nos. 1 to 4 with a common intention of committing theft have stolen two electric poles and three line wires installed to seven electric poles fixed at Korangala Reserve Forest. They have cut the electrical poles with axe blades and converted them into eight pieces and thereby, stolen the articles worth Rs.15,000/-. The accused persons have sold eight pieces of electric poles to CW4 and thereby, they have committed alleged offence. After investigation, IO filed the charge-sheet for the said offences.

To prove its case, the prosecution in all examined 8 witnesses as PWs