MOHAMMAD IQBAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC filed by the appellant herein is directed against the impugned judgment of conviction and order of sentence dtd. 14/8/2013 passed by the Additional Sessions Judge (Fast Track Court), Ambikapur, in Sessions Trial No.498/2011, by which the appellant has been convicted and sentenced as under: - Conviction Sentence Sec. 420 of the IPC Rigorous imprisonment for five years and fine of 500/-, in default, additional ? rigorous imprisonment for 15 days. Sec. 413 of the IPC Imprisonment for life and fine of 500/-, ? in default, additional rigorous imprisonment for 15 days. Sec. 467 of the IPC Imprisonment for life and fine of 500/-, ? in default, additional rigorous imprisonment for 15 days. Sec. 468 of the IPC Rigorous imprisonment for five years and fine of 500/-, in default, additional ? rigorous imprisonment for 15 days. Sec. 471 of the IPC Rigorous imprisonment for two years and fine of 500/-, in default, additional ? rigorous imprisonment for 15 days.

(2.) Case of the prosecution, in brief, is that on 18/3/2011 at 5.00 p.m. at Village Jarhadih, Police Station Batouli, the appellant herein had transferred one stolen tractor bearing registration No.JH-08/C1265 to Chanchal Tirkey (PW-3) for a cash consideration of ? 2,50,000/- and also transferred to him the forged registration book of the tractor, insurance form & tax receipt and thereby committed the aforesaid offences pursuant to which Chanchal Tirkey (PW-3) on 11/8/2011 at 7.00 p.m. reported the matter to the police that the appellant has sold stolen tractor to him on 18-3- 2011 pursuant to which sale deed (panchnama) has been executed vide Ex.P-2 and the appellant obtained 50,000/- on 18-3- ? 2011, 1,00,000/- on 25/4/2011, 80,000/- on 16/5/2011 ? ? and 20,000/- on 12/6/2011 and thereafter, RC book, ? insurance form and tax receipt were handed-over to him and thereafter, he came to know that the tractor sold to him was the stolen property and thereby the appellant has defrauded him pursuant to which first information report (FIR) was registered vide Ex.P-6 for the offences punishable under Ss. 420, 467, 468 & 413 of the IPC against the appellant. Memorandum statement of the appellant was recorded vide Ex.P-3C and tractor was seized vide Ex.P-1. Tax receipt was marked as Article A-1, Certificate of Registration was marked as Article A-2 and insurance certificate was marked as Article A-3. The appellant was arrested vide Ex.P-7 and report / memo of the District Transport Officer, Lohardaga (Jharkhand) is Ex.P-9. Information sent to the Judicial Magistrate First Class, Sitapur, Distt. Sarguja is Ex.P-10.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC.. After completion of investigation, charge-sheet was filed against the appellant before the jurisdictional criminal court which was committed to the Court of Sessions from where the learned Additional Sessions Judge (FTC), Ambikapur, received the case on transfer for trial and for hearing and disposal in accordance with law.