KHAIRATI RAM Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 27th January, 2003 and the order of sentence dated 28th January, 2003 arising out of Sessions Case No. 160/97 in case FIR No. 246/96 under Sections 328/379/468/471/34 of Indian Penal Code, 1860 (hereinafter, in short 'IPC') registered at Police Station Samaipur Badli, whereby the appellant along with his co-accused was held guilty of the aforesaid offences and was sentenced to undergo as under:

(2.) The prosecution's case as revealed from the report under Section 173 of the Code of Criminal Procedure is that on 1st April, 1996 Sh. Munna lodged a complaint with the police to the effect that he was working as a driver for last 5-6 months with New Delhi Ghaziabad Transport, 646 Shivaji Road, Azad Market on truck No. URB 1320. The owner of the truck, namely, Sh. Manmohan Singh had sent him with the aforesaid truck along with a helper-Sanjay with the instructions to reach Libaspur petrol pump, Jhandewalan and that one person who has booked the truck will meet him and the goods have to be taken from Libaspur to Ghaziabad. Accordingly, he reached Jhandewalan petrol pump, GTK road Libaspur at 10:15 p.m. where one person aged about 40 years having dark complexion met him and told him that he has booked the truck. He made him and the conductor-Sanjay to eat and drink tea and eggs bhujia. Thereafter, they fell asleep. At about 4.50 a.m. when he gained consciousness, he found himself and Sanjay at GTK Road, Kundli. He informed the owner of the truck. On the basis of this complaint, a case was registered under Sections 326/379 IPC. Twice the case was sent untraced. Ultimately, the case was transferred to the crime branch.

(3.) Prosecution examined 16 witnesses to substantiate its case. All the incriminating evidence was put to both the accused while recording their statement under Section 313 Cr.P.C. wherein they denied the case of the prosecution. According to them, they were innocent and falsely implicated in this case.