BALLA @ FARHAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In these two appeals, we are dealing only with accused no.5-Balla @ Farhat, accused No.6-Habib and accused No.7- Imran.

(2.) It is not in dispute that appellant no.1 - Habib in Criminal Appeal No.2257 of 2011 is no more and, therefore, the said appeal insofar as appellant no.1-Habib is concerned stands abated.

(3.) We may refer to the prosecution case in brief. There were twelve accused and out of the twelve, it is alleged that four were absconding. The trial proceeded against the remaining eight. The prosecution case is that on 26/11/2001 after getting a consignment of Masoor loaded in a truck at Silwani for being transported to Indore, Vivek (PW-15) boarded the truck, which at the relevant time, was allegedly driven by accused no.5 - Balla @ Farhat. The case of the prosecution is that Vivek (PW-15) was carrying a cash amount of Rs.1,00,000.00 (Rupees one lakh) in a bag. He was also carrying 1350 silver coins in two plastic bags. Further, the case of the prosecution is that at Silwani, one Manoj (PW-4) handed over a red bag containing currency notes worth Rs.1,00,000.00 (Rupees one lakh) and a list of grocery items to be handed over to Manohar (PW-5) for purchasing the same at Indore. It is, however, alleged that after the Truck reached Gairatganj, accused No.5 - Balla @ Farhat got down and one Lalmiyan started driving the Truck.