SHATRUGHAN PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All the above three appeals are being disposed of by a common judgment as these appeals have been filed against the same judgment dated 14.6.2006 passed by the Fourth Additional Sessions Judge, Jabalpur in Sessions Trial No.645/2003, whereby appellant Sadhu alias Vijaybhan Singh has been convicted under Sections 302, 394 read with 397 and 201 of the IPC and sentenced to imprisonment for life and fine of Rs.2000/-, in default of payment of fine, additional R.I. for 6 months, imprisonment for life and fine of Rs.2000/-, in default of payment of fine, additional R.I. for 6 months and R.I. for 3 years with fine of Rs.1000/-, in default of payment of fine, additional R.I. for 3 months, respectively. Appellant Shiv Prasad Dubey has been convicted under Section 411 of the IPC and sentenced to R.I. for 2 years and fine of Rs.1000, in default of payment of fine, additional R.I. for 3 months. Appellant Shatrughan Prasad Gupta has also been convicted under Section 411 of the IPC and sentenced to R.I. for 2 years and fine of Rs.1000, in default of payment of fine, additional R.I. for 3 months. All the sentences awarded to the appellants were ordered to run concurrently. One more co-accused namely Raju alias Rajendra Singh has been declared as absconding, as such the trial was held and concluded against above appellants and a permanent warrant of arrest has been issued by the trial Court against the said co-accused.

(2.) As per prosecution case, on 14.2.2003 complainant Abhay Kumar Jain (P.W.26) submitted a written report (Ex.P.50) before the Town Inspector, City Kotwali, Satna to the effect that he runs an Excel Transport Agency situated at Dilbagh Complex, Goushala Chowk, Satna, whose Head Office is at Bhopal and its branch is at Indore. On 8.2.2003, A truck bearing registration No.MP-09D/0559 loading household articles of some businessmen being driven by driver Gurmel Singh S/o Baldeo Singh departed from Transport Office at Indore for delivering 297 nos. of goods at Satna. The said truck had to reached at Satna office till 12.2.2003 but it could not reach. On 14.2.2003, the complainant went to see the truck in Galla Mandi, Satna and found the said truck standing on the ground. On being searched from the Challan, Builty kept in the cabin of the truck, it was revealed that the goods of the respective businessman were found less. On the basis of the report (Ex.P.50), an FIR (Ex.P.47) was registered at Police Station Kotwali, Satna for offence under Section 406 of the IPC vide Crime No.183/2003 on 6.3.2003. The truck in question along with its papers were seized and driving licence of the driver Gurmel Singh was also seized as per seizure memo Ex.P.20.

(3.) It transpired that appellant Sadhu Singh alias Vijaybhan Singh along with co-accused Raju alias Rajendra committed murder of driver of the truck and thereafter looted the valuable articles which were being carried in the truck and the said stolen articles were dishonestly received by appellants Shiv Kumar and Shatrughan Prasad knowing the same fully well to be as stolen property and same were being sold at cheaper rates on the basis of such information received by Police Station Panager, Jabalpur. After completing investigation, a charge-sheet was filed by the police.