PAWAN @ DIGGI Vs. STATE

JUDGEMENT

(1.) By this common judgment we propose to decide two criminal appeals preferred by the same appellant, Pawan @ Diggi challenging the common judgment dated 9th August, 2010 and order on sentence dated 12thAugust, 2010 passed by the learned Additional District Judge.

(2.) CRL .A. No. 1297/2010 has been preferred by the appellant to challenge the impugned judgment whereby the appellant has been held guilty for committing an offence punishable under Section 392 read with Section 34 Indian Penal Code (hereinafter referred to as IPC) and Section 302 IPC read with Section 34 IPC in FIR No. 167/05 and sentenced to imprisonment for life together with payment of fine of Rs. 5,000/ - and in default of payment of fine to further undergo simple imprisonment for a period of 5 months under Section 302/34 IPC and rigorous imprisonment for a period of 5 years together with a fine of Rs. 2,000/ - and in default of the same to further undergo simple imprisonment for a period of two months under Section 392/34 IPC.

(3.) THE case of the prosecution so far FIR No. 167/2005 is concerned is that on the intervening night of 3 -4th March, 2005 SI Aditya Ranjan (PW18) was in -charge of Police Post, Madan Pur, Khadhar who was acting as a checking officer on night duty. When he was on patrolling, some passer -by informed him, on the Kalandikunj road, a truck driver was beaten by 5 -6 persons on the same road near Sarita Vihar Flyover. PW -18 sent information to PCR which was near the post and also informed SI Hari Prakash, who was on emergency duty, on telephone.