BILENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the accused-petitioner as well as learned Public Prosecutor appearing on behalf of the respondent-State.

(2.) This revision petition under Section 397 Cr.P.C. has been filed against the judgment and order dated 30.09.2011 passed by Additional Sessions Judge, Neem Ka Thana, District Sikar(hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 10/2005, whereby the Appellate Court dismissed the appeal filed by the accused-petitioner and upheld the judgment of conviction and order of sentence dated 13.09.2005 passed by learned Additional Chief Judicial Magistrate, Neema Ka Thana, District Sikar(hereinafter referred to as 'the Trial Court') against the accused-petitioner and co-accused Rajpal @ Hathida in Criminal Case No. 252/2005, whereby, the learned Trial Court convicted and sentenced the accused-petitioner as under:

(3.) The concise facts of the case are that on 13.04.2005, SHO, Police Station Neem Ka Thana got information from informant that Ashok Kumar Meena(accused-petitioner) and Rajpal Meena co-accused have been seen in Neem Ka Thana with unnumbered new Max Pickup which can be of theft and gone towards Shyam Temple. On aforesaid information, Shri Kushal Singh, SHO, Police Station Neem Ka Thana along with other officials reached at Shyam Temple and saw that one unnumbered Max Pickup is coming. On seeing the police party, both persons started to run away, but they were caught by police party and they were not in a position to give explanation why they wanted to run away after seeing the police party. After taking Photostat copies of RC, Insurance and Fitness etc. it was found that the vehicle bearing No. RJ-02G-9955 was in the name of Ashok Kumar S/o. Musaddi Lal R/o. Neemrana, Tehsil Behror, District Alwar. In the cover note of insurance, date of issue of insurance was mentioned as 22.10.2005, which date had not come till then and it was apparent that there was some over writing. Then on verification by telephone from SHO PS Shahjahapur it was informed that Ashok Kumar S/o. Musaddi Lal Caste Jangid lodged a report on 04.04.2005 with the averments that his pickup bearing No. RJ-02G-9951 which was standing in front of his house had been stolen and on the aforesaid report, Police Station Shahjahapur District Alwar registered a case FIR No. 65/2005 under Section 379 IPC on 04.04.2005. On the basis of aforesaid facts, FIR No. 121/2005(Exhibit P-25) was registered against the accused-petitioner and co-accused Rajpal. During the course of investigation, the police arrested the accused-petitioner as well as other co-accused Rajpal on same day i.e. 13.04.2005 and after investigation the police filed charge sheet in the Trial Court against the accused-petitioner as well as co-accused Rajpal under Section 411, 420, 467, 468, 471 IPC.