RAKESH MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Both these criminal revisions filed under Sec. 397/401 Cr.P.C. are directed against the judgment of conviction and order of sentence dtd. 26/9/2012 passed by the Second Additional Judge to the Court of First Additional Sessions Judge, Bilaspur, C.G. in Criminal Appeals No.07/2008 and 04/2008 respectively, whereby the applicants were convicted and sentenced as under:-

(2.) Case of the prosecution, in brief, is that on 8/7/1996, complainant- Gulab Sonkar (not examined) made a complaint before ADM, Bilaspur to the effect that he purchased some books from Mishra Pustakalaya, Gole Bazar, Bilaspur wherein the words 'free distribution to SC/ST children - Not for Sale' were mentioned which were erased by stamp pad. Upon such complaint, the said ADM, S.K. Behar (PW-8) searched alleged shop of the applicant-Rakesh Mishra and total 129 books were allegedly seized from his shop. Subsequently, statement of applicant-Rakesh Mishra was recorded by ADM, S.K. Behar (PW-8) where applicant-Rakesh Mishra disclosed that the books were purchased by him from one 'Tiwari Babu'. During investigation, some relevant papers were seized by ADM, S.K. Behar (PW-8) which were handed over to the police later on. After due investigation, ADM, S.K. Behar (PW-8) lodged a written complaint vide Ex.P-11 in the police station Kotwali, Bilaspur, C.G., upon which, offence under Ss. 409 and 411 were registered against the accused persons.

(3.) After usual investigation, charge-sheet was filed against both the applicants and also against one Mukesh Mishra, who is the brother of the applicant-Rakesh Mishra for the offence under Ss. 409 and 411 read with Sec. 34 of IPC. The accused persons abjured their guilt and prayed for trial.