STATE OF HIMACHAL PRADESH Vs. RAKESH KUMAR

JUDGEMENT

(1.) Appellant-State has filed instant appeal under Section 378 of the Code of Criminal Procedure, against judgment dated 31.1.2012 passed by the learned Judicial Magistrate 1st Class, Solan, District Solan, Himachal Pradesh, in Criminal Appeal No. 97/03 of 2007.

(2.) In nutshell, the case of the prosecution is that on 19.2.2006 at about 12.15 am, ASI Sudheer (PW-7) alongwith Constable Phool Singh No. 297 (PW-2) was checking vehicle No. HP-01-1396 being driven by Mohender Singh (PW-1) at Zero point on Kumarhatti-Nahan road for Nakabandi, when a truck bearing registration No. HP-09-633 (Tata 407) came from the direction of Sultanpur, which was signaled to stop but the driver of the said truck did not stop and fled away. Truck was followed by the police in the taxi. Police Station Dharampur was informed telephonically. The truck was later found parked near "Bere Ka Khech" at about 1.15 am. Police party reached the spot and on checking, recovered 40 cartons of country liquor mark 'Saroor" and 6 cartons of foreign liquor mark "Bagpiper" containing 12 bottles each. Police also took 6 bottles each from country made liquor and foreign liquor as sample for the purpose of chemical examination and they were sealed with seal impression "R'. Sample seals were also taken on separate piece of cloth and after use seal was handed over to Mohender Singh (PW-1). Recovered liquor alongwith truck No. HP-09-0633, without documents and key, was taken into possession by the police vide seizure memo in the presence of witnesses. Rukka was prepared and sent to the Police Station, Dharampur, whereafter FIR No. 24/06 dated 19.2.2016, Ext. PW-3/A was registered. Investigation was carried out by ASI Sudheer Kumar, incharge Police Post Dagshai. Spot was inspected and spot map Ext. PW-7/C was prepared. Statements of witnesses under Section 161 CrPC were recorded as per their version. Police party was sent for tracing the accused. Two persons namely Rakesh Kumar and Mintoo Ram were arrested on 20.2.2006.

(3.) Prosecution with a view to prove its case examined as many as seven witnesses, whereas, respondentaccused while recording statements under Section 313 CrPC, denied the case of the prosecution and claimed themselves to be innocent. However, the fact remains that though opportunity was granted to the accused to lead evidence, they did not lead any evidence in their defence. It may be noticed that the respondent-accused Mintoo Ram, died during the pendency of the trial and as such, trial against him stood abated.