GUDDU SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since both these revision applications arise out of a common judgment of conviction and the order of sentence dated 21.07.2008, passed by the learned trial court in connection with G. R. Case No. 239 of 2001 (T. R. No. 41 of 2008), both are being disposed by this common judgment.

(2.) Criminal Revision No. 570 of 2013 has been filed by the petitioner-Guddu Singh @ Goltu @ Goltu Singh against the judgment dated 31.05.2013 passed in Cr. Appeal No. 53 of 2008, whereas Criminal Revision No. 880 of 2013 has been filed by Om Prakash Ojha and Bhola Nath Ojha against the judgment dated 10.06.2010 in Cr. Appeal No. 57 of 2008, passed by the learned Additional Sessions Judge - 1st, Bokaro whereby the learned appellate court has dismissed the respective appeals filed by the petitioners against the judgment of conviction and sentence passed by the learned trial court.

(3.) The case of the prosecution in nutshell is that on 24.03.2001 at about 01:00 pm the informant-Mayadhar Bhoi, ASI, CISF Crime Investigation Wing, BSL saw 2- 3 rickshaws loaded with stolen iron scrap of BSL going towards Gorabali upon which they proceeded to apprehend them. In the meantime, they further saw a truck bearing Registration No. BHO 1652 standing near the railway cabin. The raiding party started chasing the truck and the driver of the truck on being chased rashly moved his truck towards Balidih which was finally apprehended by the informant and his party. It has further been alleged that on interrogation, the driver of the truck disclosed his name as Raj Kumar Singh @ Om Prakash Ojha and it was further disclosed that the iron scrap loaded on his truck belongs to one Goltu Singh @ Guddu Singh of Gorabali. Pursuant to that the apprehended accused was taken into custody. From him, apart from mobile phone, a property certificate of the seized iron scrap from AGM Surendra Kumar Singh was also recovered. It has further been alleged that the cost of the iron scrap was Rs. 35,000/-.