SHANKER DASS Vs. STATE

JUDGEMENT

(1.) On 31.1.1986 at about 6.00 PM complaint had been lodged by Rajender Singh, Junior Engineer CPWD reporting that a red coloured Nissan truck DEG-6856 had illegally loaded 12 RS Joist girders from the store premises of 1688, Kasturba Gandhi- Marg, Truck was driven by co-accused Vinod Kumar. On 1.2.1986 recovery of these girders had been effected from this truck which was parked outside the house of the present petitioner Shanker Dass. This stolen property belonged to the CPWD. Complaint Ex. PW-1/A was lodged. Pursuant to this complaint FIR Ex.PW-3/A was registered by ASI Harphool Singh.

(2.) Information given in this complaint was by Puran Singh, Chowkidar, PW-2. As per his version there is no practice of permitting articles to be taken out from godown on the basis of any chits or slips; delivery of property was to be made by Junior Engineer Rajender Singh who is alone competent to deliver the property of the Department. Gurdeep Singh PW-4, on the relevant date was posted as in charge of police station Parliament Street. The recovery of the stolen property effected on the following day i.e. 1.2.1986 was in the presence of PW-4, PW-2 and PW-1. The recovery memo is Ex.PW-1/B has been attested by all the aforestated persons. The scribe of the document is SI Bachan Singh who has not been examined.

(3.) Trial Judge vide impugned dated 3.2.1993 had convicted both the accused persons namely Shanker Dass and Vinod Kumar under Sections 380/34 of the IPC. Vide order of sentence dated 4.2.1993 the present petitioner had been sentenced to undergo RI for three years and to pay fine of Rs.5000/-; in default of payment of fine to undergo RI for six months.