B.K.Sharma, J. - (1.) This is an appeal against the judgment and order dated 5-10-1979, passed by Sri C.B.C. Mishra, the then Judicial Magistrate, Mirzapur in Criminal Case No. 412 of 1978 under Sections 420/406 IPC, Police Station Vindhyachal District Mirzapur, whereby he acquitted the accused-respondent of the offences under Sections 420/406 IPC.
(2.) I have heard the learned A.G.A. and the learned counsel for Siya Ram accused respondent and have also gone through the record.
(3.) The informant in this case was Karimullah. The prosecution case was that the informant Karimullah was the owner of the Truck No. UPG-2244 whose chassis No. 3420029608219 was. having purchased it on 27-7-1977 from M/s. Agrawal Sangam Finance Co., Allahabad under a hire purchase agreement, that on 10-10-1977 at 8 a.m. he had entrusted the said truck to Siya Ram accused-respondent for taking to the workshop of Gama mechanic and get it repaired, that the accused-respondent not having returned with the truck, after waiting for 4-5 days, the informant went to Gama Mechanic and learnt that the Truck had never reached to his workshop, then he went to the house of the accused respondent and learnt that he has gone on truck with his father, that he kept on searching for the vehicle and ultimately on getting a clue, he went to Obra on 22-2-1978 and found the accused-respondent and his father both present with the said truck and on his asking them to take the truck of his place, they denied that it was his vehicle and prepared to quarrel. He learnt that, they were using a changed and fictitious registration number U.T.N. 6168 on it and were plying it at the place of Bhagwan Dass Thikedar, Obra. He ultimately moved an application on 27-2-1978 before the Superintendent of Police, whereupon, the case was registered at the police station. The Truck No. U.T.N. 6168 was deposited by the accused respondent at police station, Chopan on 23-2-1978 alongwith a writing alleging a dispute about it. The claim of the informant being that this truck was his own and it was being used under the fictitious New No. UTN 6168, the I. O. took the said truck into custody on learning that it is lying in deposit at police station Chopan and sent it for technical examination to the Director Forensic Laboratory, Lucknow for scientific examination. The examination at the laboratory revealed that the original chasis number of the truck has been tampered with and it was found that the original number was the same as related to the Truck No. UPG 2244 of the informant and that it has been tampered with.;