STATE OF PUNJAB Vs. NIRMAL KUMAR

JUDGEMENT

(1.) THIS appeal has been preferred by the State of Punjab for enhancement of sentence of the three accused-respondents. It has not only been opposed but clean acquittal has been pleaded for the respondents by their learned counsel.

(2.) THE prosecution case is that on 8.7.1983, S.I. Karnail Singh of P.S. Malout received secret information that a Government contractor in connivance with the Sub-Divisional Officer had sold Government cement entrusted to both and the said cement was shortly to be removed from the site of construction, and if a timely raid was conducted, the culprits could be caught red-handed. On receipt of the information, the case was registered and the said S.I. karnail Singh organised a party to raid the site. However, on the way, they found a tractor trolley driven by Veer Bhan, PW coming towards their side. The raiding party found the 3 accused-respondents siting in the trolley. On seeing the police party, Nand Lal, respondent dropped down and ran away while the remaining two respondents Nirmal Kumar and Ram Nath were apprehended at the spot. 40 cement bags bearing the mark of the Government were found in the trolley.

(3.) THE learned trial Judge observed that this fact was proved that the three accused-respondents were found sitting in the trolley in which 40 bags of cement belonging to the Government were loaded and thus for keeping the cement in their possession without any licence or permit, they were to be held guilty. Additionally, it was taken into account that the running away of Nand Lal form the spot itself revealed that he had a guilty mind. The remaining two accused-respondents obviously did not attract any such comment.