SANJEEV KUMAR SAKSENA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This is a revision filed by accused Sanjeev Kumar Saksena and Akeel Khan against the judgment dated 10.07.2002 passed by District Judge, Nainital, who has maintained the judgment and order dated 30.04.2002 passed by CJM, Nainital only to the extent of conviction and sentence of the revisionists under section 411 of the Indian Penal Code (hereinafter referred to as "IPC").

(2.) The prosecution case is that Jaikrishna Murti Prasad (PW1) lodged a report on 05.11.1993 with police station Mallital, District Nainital that his Maruti Van bearing registration no. UP 07 A 0606 has been stolen during the night intervening 4th and 5th November, 1993 from Pitaria near Polytechnic College, Nainital. He disclosed the identity of Maruti Van in his complaint (exhibit Ka 2) as under: Chassis No. 757507 Engine No. 252358 Model No. 1987 and Colour of Maruti Van vehicle as white.

(3.) The matter was investigated and the final report was submitted by the Investigating Officer on 08.05.1994 as untraceable. However, on 06.09.1994 PW4 SI Dev Singh received information that one Maruti Van was parked near the shop of Rafiq son of Raees Ahmad on Water Works Road, Badaun. On receiving the information, PW4 SI Deo Singh along with complainant Jaikrishna Murti Prasad (PW1) and his father Kailash Prasad (PW2) reached the place mentioned above. Maruti Van bearing registration no. UP 02 B 0517 was seen parked near the shop of Rafiq son Raees Ahmad. When Maruti Van was encircled two persons were found sitting in the Van and the person sitting on the driver's seat was apprehended, who disclosed his name as Sanjeev Kumar Saksena. The person, who was sitting on the seat next to driver's seat slipped away from the scene whose name was disclosed by the other accused as Akeel Khan. After comparison, the Chassis and Engine numbers of the recovered vehicle, was found to be the numbers of stolen Maruti Van of Jaikrishna Murti Prasad, complainant. However, the registration number plate was changed from UP 07 A 0606 to UP 02 B 0517. During the investigation, it was found that Maruti Van was transferred in favour of one Puran Singh Yadav with false documents by revisionist Akeel Khan by getting false entry in the relevant papers and preparing the forged documents.