JOGENDRA SINGH Vs. STATE

JUDGEMENT

(1.) Petitioner calls in question legality of the judgment passed by the learned Sessions Judge, Keonjhar, upholding the conviction and sentence awarded by the learned Judicial Magistrate, first class, Barbil stationed at Champua.

(2.) A brief recital of the factual position as presented by the prosecution, relevant for disposal of this revision, is that on 29-9-1983, the Hivaldar and Sepoy of Tisco, Joda noticed some people loading iron scrap materials in a truck at Bottom Bin Area; this was brought to the notice of the Assistant Security Officer, who proceeded to the spot, but by that time the truck had already left the place; the security staff kept watch, over the movement of the truck, which was found speedily proceeding towards Notified Area Council, Check Gate, Joda; even though the security staff wanted to stop the vehicle, it did not stop; the Assistant Security Officer and the security staff chased the truck and at last the truck stopped at Ranasala Chat; three persons including the present petitioner were found escaping from the truck; while the petitioner could be caught hold, all others escaped; the present petitioner was the driver of the truck; on interrogation, he named two other persons, who had fled away, to be the owners of the truck, the truck was found to have been loaded with scrap materials of Tisco.

(3.) Plea of the accused persons was one of denial of the occurrence. The petitioner and one Durga Bahadur Thippa stated to be the owner of the truck faced trial being charged under Ss. 379 /411 of the Indian Penal Code (in short the 'IPC').