MAHBOOB Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is preferred against the judgment and order dated 01.09.2011 passed by Additional Sessions Judge, Haridwar/IInd FTC Haridwar District Haridwar in Appeal No. 16 of 2011, whereby the learned Sessions Judge confirmed the order dated 21.12.2010 passed by Fourth Additional Civil Judge (J.D)/J.M., Haridwar in Criminal Case No. 541 of 2010. By the said judgment and order dated 21.12.2010, the revisionist has been convicted for the offence punishable under Section 411 IPC and was sentenced to undergo six months imprisonment along with a fine of Rs. 3,000/-.

(2.) Brief facts of the case are that, on 14.01.2003, an FIR was lodged by the informant alleging therein that on 13/14.01.2003, the persons of the Intelligence Department namely Devendra Singh, Surendra Kumar, Madanlal and Shiv Om Sharma were sitting at Material Gate, Watch Tower-5. At about 4 A.M. to 6 A.M., three persons were seen at the Railway Line along with some goods and the moment they ran to catch them, they threw the said goods in the bushes and started running from there. During this incident, one person namely Mehboob, the present revisionist, fell on the stone and when he sustained injuries, the above mentioned officers of the Intelligence Department caught him. The other co-accused fled away from the spot. Along with the present revisionist, the officers searched the location wherein they got the material, which they threw in the bushes. The said material was weighed and its weight came to 152 Kg.

(3.) After investigation, the Investigating Officer filed charge sheet against the revisionist under Sections 379 and 411 IPC. Based on the same, charges were framed and the Court below has convicted the appellant for the offence punishable under Section 411 IPC.