RAJBIR Vs. STATE

JUDGEMENT

(1.) The appellants are aggrieved by the impugned judgment and order of sentence dated 16.5.2008 and 24.5.2008 whereby accused Ashok Kumar and Shailesh Kumar Yadav had been convicted under Sections 302/365/201 read with Section 120-B as also under Section 396 of the IPC. For the aforenoted convictions the accused were sentenced to undergo imprisonment for life which was the maximum term of imprisonment for all the aforenoted offences; cumulative fine of Rs.3000/- had also been ordered against each of the two appellants for the said offence and in default of payment of fine each appellant had to undergo rigorous imprisonment for six months. Accused Udai Pandey and Rajbir had been convicted for the offence under Section 412 of the IPC. They had both been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- in default of payment of fine to undergo simple imprisonment for a period of one month. Udai Pandey had already undergone the sentence which had been imposed upon him. Ashok Kumar, Shailesh and Rajbir are thus the appellants before this Court in the present three appeals.

(2.) The version of the prosecution is that on the intervening night of 08.3.2002 a truck (bearing no.DL-1GA 6654) owned by Dharmender Mishra Kumar (PW-12) was loaded with metal/iron goods from a Container Depot at Okhla, Phase-II. The goods were to be transported to Mandoli godown of Chander Mohan (PW-1). Ramphal (deceased) was an employee of PW-1. Accused Ashok was the driver of the truck. Jamuna (co-accused since declared a proclaimed offender) was the cleaner of the truck. Accused Shailesh had tied the rope on the goods which were loaded in the truck. After the truck had been loaded it was taken to Dyala Ka Dharam Kanta, Okhla Phase-II for weighing the goods. The truck did not reach its destination. On the following day it was found abandoned near the Manju Ka Tila. No person was found in the truck. Truck was in a working condition; 13-14 jute bags containing 500-600 kg of metal scrap were found missing.

(3.) Efforts were made to trace the driver, cleaner and the helper of the truck. It is not in dispute that the truck had thereafter been taken back by PW-12 and the remaining goods which had been found in the truck belonging to PW-1 had been unloaded by him.