RAJESH ALIAS JOKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appeal is preferred by accused Rajesh @ Jokar aggrieved by the conviction and sentence passed by the trial Court under Section 404 of the Indian Penal Code.

(2.) IN fact accused Rajesh @ Jokar along with co -accused Anil Kumar faced trial under Sections 302, 201 and 404 of the Indian Penal Code. Co -accused Anil Kumar was acquitted of all the charges. Therefore, there was no occasion for Anil Kumar to prefer any appeal. But accused Rajesh @ Jokar has challenged the conviction and sentence passed as against him under Section 404 of the Indian Penal Code.

(3.) THE trial Court having found that the subject motorcycle possessed by the deceased Rajesh Patwari was dishonestly misappropriated by accused Rajesh @ Jokar, convicted him under Section 404 IPC and sentenced him to R.I. For three years.