STATE OF H.P. Vs. SURESH KUMAR

JUDGEMENT

(1.) Whereas, respondents No. 1 and 2 herein, namely, Suresh Kumar @ Bitu (in short Suresh Kumar) and Joginder Singh along with proclaimed offender Gurdip Singh @ Diya @ Ram Saran @ Jagan Nath @ Pandit, who shall hereinafter be referred to by his proper name i.e. Gurdip Singh, were accused of commission of offences under Sections 392, 364, 302 and 201 read with Section 34, IPC, respondent No. 4, Hem Raj was proceeded against under Section 411, IPC. The trial against the respondents conducted by the learned Additional Sessions Judge (1), Kangra at Dharamshala culminated in acquittal vide the impugned judgment dated 3.1.1998, which is under challenge at the instance of the appellant-State in the present appeal under Section 378(3) of the Code of Criminal Procedure, 1973 (the Code).

(2.) Facts of the prosecution case are that in the month of February, 1996, respondents No. 1 and 2, Suresh Kumar and Joginder Singh along with co-accused Gurdip Singh in furtherance of their common intention committed robbery in relation to truck bearing registration No. PAT-14I8 laden with 130 rice bags. The truck at the relevant time was being driven by Chaman Masiha (deceased) and Shiva (deceased) was the Cleaner. They were also alleged to have murdered both the Driver and the Cleaner and disposed of their dead-bodies in a canal at Sundernagar, District Mandi, H.P. The gravamen of charge against respondent No. 3, Hem Raj was that on 23.2.1996 at village Ganoh, he dishonestly received and retained the aforesaid 130 rice bags being the stolen property.

(3.) The genesis of the occurrence is that one Shri Ranjan Kumar Bohra (PW-1) was running a rice mill at Dhariwal under the name and style Hans Rice Mills, Dhariwal'. On 24.2.1996, he loaded 130 rice bags in the aforesaid truck belonging to him vide GR No. 108. The consignment was to be delivered to M/s Avinash Trading Company, Baijnath, District Kangra, H.P. However, the truck did not return after delivering the consignment at Baijnath. On inquiry, he was informed by the aforesaid M/s Avinash Trading Company, Baijnath that the truck had not reached its destination. It was in such circumstances that PW-1, Ranjan Kumar Bohra left for Baijnath in his own vehicle and on the way enquired from the police of every Police Station/Police Post regarding the movement of the aforesaid truck and its occupants, the Driver and Cleaner (deceased), but without any result. Consequently, on 2.3.1996, he lodged report at Police Station, Dhariwal about missing of the truck along with the Driver, Cleaner and the consignment.