JAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal arises out of the following facts:-

(2.) In order to support its case, the prosecution primarily placed reliance on the evidence of Shishpal Singh, PW-2, Constable Satbir Singh PW 3, Nihal Singh-PW-4, P.S. Burman-PW-5, Jamna Dass-PW-6 and Shiv Narain S.I. - PW-7.

(3.) When examined under Section 313 of the Code of Criminal procedure, the accused denied the prosecution allegations and stated that had been falsely implicated. The trial Court relying upon the evidence of Shri Bhagwan and Satbir Singh - PW-3 held that the recovery of the rice m the truck in question stood proved and the misconduct of the accused stood corroborated by the fact that bilty Ex. PA, which had been shown by in the Court was found to be fictitious document; that as the rice was transported on the basis of a fake document, the intention of the accused was clear inasmuch as they were trying to carry out the rice from Haryana into Delhi and having held as above, the trial Court acquitted Sri Bhagwan accused but recorded a conviction against the present appellant Jai Singh and sentenced him to undergo imprisonment for nine months and to pay a fine of Rs. 100/- or in default thereof to further undergo R.I. for one month.