Sunil Kumar Garg, J. - (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 22.2.88 passed by the Learned Judicial Magistrate, Raisingh Nagar in Criminal Case No. 266/83 by which the learned Judicial Magistrate acquitted the accused respondents Mohan Lal and Tarbabu for offence under Sections 406 and 407 I.P.C. and also acquitted accused respondent Singara Singh for offence under Sections 406 and 407/109 I.P.C.
(2.) This appeal arises in the following circumstances : (i) On 5.9.83, P.W. 1 Babu Ram wrote a letter Ex. P. 1 to the President, New Janta Truck Union, Rai Singhnagar stating that on 30.8.83 in truck No. RJK 8197 through bilties Ex. P. 2 and Ex. P. 3 140 bags of gram were loaded and they were to be transported to Jalandhar (Punjab) upto 5.9.83 and since loaded goods did not reach the destination, therefore, this information was given by P.W. 1 Babu Ram to the President of New Janta Truck Union, Raisinghnagar. (ii) On receiving this letter Ex. P. 1, P.W. 3 Pyar Singh lodged a written report Ex. P 4 on 5.9.83 with the Police Station Raisinghnagar stating that in Truck No. RJK 8197, 140 bags of gram were loaded by M/s. Babu Ram Ram Chander through Bilties Ex. P. 2 and P. 3 and these bilites were issued by New Janta Truck Union, Raisinghnagar and on that truck, the accused respondent Mohan Singh was driver who put his signatures on the bilties to the effect that he received the goods in question. The owner of that truck Was accused respondent Tarbabu, but that truck did not reach Jalandhar (Punjab) upto 5.9.83 and on being enquired, it was found that the truck was near Padampur or somewhere near to that place and goods loaded in that truck have been misappropriated by Tarbabu and Mohan Singh and one another accused respondent Singara Singh.
(3.) On this report, police chalked out regular FIR Ex. P. 5 started investigation.;