USMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present revision petition against the judgment dated 18.09.2002, whereby, his appeal against the judgment of conviction dated 29.03.2000 and order of sentence dated 30.03.2000 passed by the learned Sub Divisional Magistrate, Nuh, convicting and sentencing him to undergo rigorous imprisonment for a period of 03 years and to pay a fine of Rs. 5,000/- and in default payment of fine, he is ordered to undergo simple imprisonment for a period of two months for the commission of an offence punishable under Section 411 IPC. Briefly stated, the First Information Report was registered on receipt of letter dated 09.05.1998 on the basis of complaint made by Shri. I.K. Khurana, Asstt. Engineer, Mining Department. As per prosecution case, when Allalpur stone mine was inspected by the complainant in the company of Sh. Virender Singh, Mining Inspector, Shri Balbir Singh, Mining Guard and Shri Shanti Sarup, Mining Guard, while coming back from the Allalpur hill, a truck bearing registration No.HRR-5791 was checked which was fully loaded with stones. Allalpur hill was not given on lease to anyone by the Mining Department and, therefore, the driver of the truck was asked to come to the police station but he misbehaved with the mining guards who were accompanying the complainant and after leaving behind the truck ran away from the spot. After recording the aforesaid FIR, investigation was conducted and report, as per under Section 173 of Cr.P.C. was submitted.

(2.) The accused were supplied the copy of the police report under Section 173 Cr.P.C., as provided under Section 207 Cr.P.C. On the basis of the material available before the trial Court, the charges were framed for the commission of offence punishable under Section 411 IPC.

(3.) The learned trial Court, vide judgment dated 29.03.2000, has found that the petitioner guilty for an offence under Section 411 IPC and was convicted and sentenced to undergo rigorous imprisonment for a period of 03 years and to pay a fine of Rs. 5,000/- and in default payment of fine, the petitioner is ordered to undergo simple imprisonment for a period of two months for the commission of an offence punishable under Section 411 IPC.