STATE Vs. GIAN CHAND JAIN

JUDGEMENT

(1.) ON 28.3.2006 learned MM had acquitted the accused persons i.e. G.C. Jain and Arun Yadav of the charges levelled against them under Section 120-B/467/468/471 of the IPC as also for the offence under Sections 380 & 427 of the IPC. Four persons had been charge-sheeted; Suresh could not be arrested; he was declared a proclaimed offender; Gajanand Sharma was appearing in the court for some time but thereafter he chose not to appear; he was also declared a proclaimed offender on 27.9.2003.

(2.) INCIDENT is dated 23.3.1993. The FIR was registered on the complaint of SI A.C. Dwivedi, PS Defence Colony. FIR had initially been registered under Section 427/380 of the IPC. Thereafter Section 467/468 and 471 of the IPC read with Section 120-B of the IPC was added.

(3.) BRIEFLY stated the facts of the case are that the complaint Shiv Shankar Sharma was in legal possession in his capacity as a tenant, of Shop No.39-A, NDSE, Part II, New Delhi. He was running a kerosene depot in the said premises. On 22.3.1993 in routine he closed his shop and returned to his home. On the following morning i.e. on 23.3.1993 at 10 AM when he reached his shop he saw it had been demolished, 14 drums of kerosene as also cash of Rs. 1,000/- and certain other documents were found missing. His goods had been removed in truck no. DEG 5756; on 23.3.1996, the truck had again come to the spot; on enquiry by the complainant the driver of the truck informed him that he had been asked to remove goods at the instance of G.C.Jain.