PRASANNA S. Vs. STATE

JUDGEMENT

(1.) This appeal is filed challenging the judgment of conviction dated 3.1.2018 and order on sentence dated 4.1.2018 passed in Special Case No.318/2016, on the file of the Principal Sessions/Special Judge, Tumakuru, for the offences punishable under Section 379 of Indian Penal Code, 1860 ('IPC' for short), under Sections 4(1A) read with 21 of the Mines and Minerals (Development and Regulation) Act, 1957 ('MMRD Act' for short) and under Sections 3 read with 181, 139, 192 and 177 of the Motor Vehicles Act, 1988.

(2.) The case of the prosecution is that on 3.9.2015 at about 4.30 p.m., the complainant Naveen Kumar, Police Constable, received the information from the P.S.I that some persons are indulging in loading the sand near Sondekoppa Government Tank and gave instructions to him to go to the said place and arrest the persons and seize the vehicle. Accordingly, at 5.30 p.m., the complainant in his two wheeler went to the spot and found that sand is being loaded to the lorry bearing registration No.KA-41-A-5994. As the complainant was in uniform when he went to the spot, the persons who were indulged in loading the sand, on seeing him, ran away leaving the lorry at the spot. One Sri Pradeep Kumar, who came to the spot, did not identify the owner and also the driver, but he told that these persons were regularly indulging in loading the sand and transporting the same. Since the complainant knew to drive the lorry, he himself took the lorry to the station and gave the complaint. Based on the said complaint, case has been registered for the offences punishable under Section 379 of Indian Penal Code, under Sections 4(1A) read with 21 of the MMRD Act and under Sections 3 read with 181, 139, 192 and 177 of the Motor Vehicles Act.

(3.) The mahazar was conducted with regard to the seizure of the vehicle and also seizure of the sand. Thereafter, spot mahazar was also conducted and the statement of witnesses was recorded by P.W.6 after registering the FIR. P.W.8 is the Investigating Officer, who conducted further investigation and filed the charge sheet. Based on the charge sheet, the Trial Court took cognizance of all the offences and secured the accused and the accused did not plead guilty before the Special Court and claimed trial.