MUKUL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant Revision is directed against the judgement and order dated 2nd of May, 2010, passed in Cr. Appeal No. 42 of 2009 by the learned Additional Sessions Judge, 1st Court at Buxar, affirming the judgement and order of conviction and sentence, dated 4th of June, 2009, passed by the learned Sub-Divisional Judicial Magistrate, Buxar in G.R. Case No. 1431 of 1999, convicting the petitioner for the offence punishable under Sec. 411 of the IPC and sentencing him to undergo rigorous imprisonment for 3 years.

(2.) Before I deal with the legality, validity and propriety of the order of conviction and sentence affirmed by the Court of Appeal, it is pertinent to state in brief the prosecution case. One Sandeep Malhotra made a written complaint to the Police that on 29th of November, 1999, one Ajay Rai, a resident of Buxar was appointed as the Manager of the Transport Business of the informant situated in Delhi under the name and style of Rath Roadways. The informant claimed himself to be the proprietor of the said transport business. As the Manager of the said business, Ajay Rai booked a Truck vide Reg. No. DL-14A 1699 and loaded the truck with grocery goods, electrical goods, Iron materials, electrical Bulbs, Readymade Cloths, Containers of Ghee, etc., on 18th of November, 1999 to deliver the said goods in Kolkata. However, the said Truck did not reach its destination. The Truck owner Balvindar Singh told that Ajay Rai and his associates asked him to unload the goods at Buxar Chorasta. Then the informant came to Buxar and lodged FIR vide Buxar (Muffasil) P.S Case No. 180 of 1999 for offence under Ss. 409 and 120A of the IPC against three accused persons, namely, Ajay Rai, Vinay Rai and Sadanand Rai. On the basis of the said complaint, Police registered Buxar (Muffasil) P.S Case No. 180 of 1999 and took up the case for investigation. During investigation, it was ascertained that Ajay Rai unloaded the said truck at a place near Buxar though the consignment was booked for delivery at 33, Ramlal Mukharjee Lane, P.S. Golabari, Howrah, West Bengal. It was ascertained that 175 cartoons of EverReady lantern, 36 cartoons of electric Iron, 50 cartoons of bulb, 100 tin Milkfood Desi Ghee, 17 bundle hosiery and 10 cartoon cosmetics were taken away by the above-named three accused persons.

(3.) On the basis of the charge-sheet filed by the Investigating Officer, the Chief Judicial Magistrate took cognizance of offence and the Judicial Magistrate, 1st Class, Buxar framed charge against the accused persons under Sec. 409 read with Ss. 120B, 411, 467, 468, 469 and 472 of the IPC. On completion of investigation, the learned Judicial Magistrate found accused Mukul Singh guilty for committing offence under Sec. 411 IPC and the accused was convicted and sentenced to undergo rigorous imprisonment for 3 years for the charge under Sec. 411 IPC.