DEEPCHAND @BABLOO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment dated 16/02/2008 passed by Additional Sessions Judge (Fast Track), Bandikui District Dausa in Sessions Case No.02/2006 (71/2005) [State Vs. Deepchand @Babloo & Anr.] whereby, the accused -appellant has been convicted for offence u/S.302 & 201 IPC and has been sentenced, as under: -

(2.) THE facts giving rise to this appeal in brief are that Gaurishankar (PW16) lodged a written report (Ex.P6) at Police Station Kotwali District Dausa on 22/07/2005 with the contention that complainant is doing the business of transport and he has the truck bearing registration No.RJ.14.1G.5995 and his co -partner Baldevraj Juneja is also having truck bearing registration No.RJ.14.1G.6005 and both the trucks are being plied on his direction. On 05/07/2005, truck bearing registration No.RJ.14.1G.6005 of Baldevraj Juneja was booked by Mahaveer Trading Company Ltd. Dausa and 1015 cartoons of mustard oil were loaded. Truck driver was Lalchand and Khallasi (cleaner) was Mahendra Bairwa. Rs.19,000/ - was handed over to the driver and Rs.10,000/ - to Mahendra to purchase chairs, sofa -set and other articles. On 06/07/2005, the truck driver and Khallasi informed him on phone that everything is okay but after 14/07/2005 inspite of efforts, he could not contact the driver Lalchand and Khallasi Mahendra Bairwa. He has suspicion that some unfortunate incident has happened with them and they searched for them and the truck here and there. The truck was thereafter found in an abandoned condition in Police Station Verra Kanpur, District Kanpur. When they reached there, truck was handed over to him but some articles and original papers including driving license were found missing from the truck. Some blood stains were also found on the cabin of the truck and thus raised their suspicion that driver Lalchand might have been murdered as Khallasi Mahendra wanted to utilize money, which was handed over to him to bring the chairs, sofa -set etc. It was further stated that since 14/07/2005, he was searching for driver and Khallasi but no whereabouts of either of them were traced out. On this information, FIR No.475/2005 was lodged at Police Station Kotwali, District Dausa for offence u/Ss.420, 406, 397, 302 and 201 IPC vide Ex.P7 and after usual investigation, the police filed charge -sheet against the accused -appellant for offence u/Ss.302, 397, 394, 120B and 201/34 IPC in the court of sessions, which was entrusted for trial to Additional Sessions Judge (Fast Track), Bandikui.

(3.) AFTER committal, the charge was framed against the accused persons i.e. appellant -Deepchand @Babloo and Rajveer Singh for offence u/Ss.302/34, 397/34, 120B and 201 IPC. The charges were read over to the accused but they denied the charges and claimed trial. The trial court acquitted the co -accused Rajveer Singh of the charges but the accused -appellant Deepchand @Babloo was convicted and sentenced in the manner stated hereinabove.