JHANTU BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) BASED on a First Information Report lodged with the police, G.R. Case No. 597/94 was registered under Section 406 IPC against the present petitioner, as accused, the case of the informant being, briefly stated, thus: The informant, namely, Amarendra Dey, was the owner of an Ambassador car bearing registration No. ASC 9417. In course of time, the said ear came to be transferred to, and registered in, the name of the informant's nephew, Shyamal Dey (i.e. the respondent No. 2 herein). Notwithstanding the said transfer in favour of Shyamal Dey, the informant, Amarendra Dey, still retained the control and management of the said vehicle. When the informant had gone to Guwahati, his driver took, on instructions of the informant, the said car to the workshop of accused Jhantu Biswas, on 2.5.1994, for repairing and the accused told the driver to leave the car, at the said workshop, assuring the informant's driver that he (accused) would take care of the same and would send back the car after doing the needful. The accused, however, changed the diesel engine, bearing No. ODB 50083, of the informant's car by replacing the same with the petrol engine of a car bearing registration No. MLS 9729. When the informant returned home from Guwahati, he came to know about what the accused had done.

(2.) DURING the course of investigation, police seized, amongst others, the registration books of both the said vehicles and, on completion of investigation, laid charge -sheet against the accused -petitioner under Section 420/406 IPC. The accused -petitioner, eventually, faced trial on a charge framed under Section 420 IPC. By judgment and order, dated 12.6.2001, passed, in G.R. Case No. 579/94, the learned Additional Chief Judicial Magistrate, Cachar, acquitted the accused -petitioner and also directed the seized articles to be returned to the person from whom seized.

(3.) NONE has appeared on behalf of the petitioner or the respondent No. 2. a However, I heard Mr. B. Sinha, learned Additional Public Prosecutor, Assam.