Ajay Rastogi, J. - (1.) Instant revision petition U/s 397/ 401, CrPC has been filed by accused against judgment dated 10/08/07 whereby Addl. Sess. Judge (Fast track), Kishangarh Bas (Alwar) remanded the case directing the trial Court to re-write the judgment in accordance with law.
(2.) Facts, in brief, relevant for purposes of deciding controversy raised herein are that Prem Singh Chauhan (Pw1) lodged a written report on 01/04/03 inter-alia alleging that four public carriers were hired, in which copper was loaded and four trucks were sent from godown of Hindustan Copper Ltd, Bhiwadi for delivery at Chandigarh; and when complainant received telephonic message from Chandigarh that out of four trucks, one bearing registration No.HR-39-A-1225 had not reached to its destination and upon inquiry, it revealed that all the documents of the vehicle were found to be forged; and costs of goods (Copper) Crl. Rev 1202/07 loaded worth Rs.36,68,903/- was found mis- appropriated. Upon aforesaid complaint, FIR- 93/03 was registered at police station Bhiwadi for offences U/s 420/406, IPC. After investigation, charge-sheet was filed for offences U/Ss 411/120-B, IPC against petitioners (Inderbhan & Ravi Ahuja) while U/s 420, 407, 411, 120-B, 468/471, IPC against petitioner Samundra Singh. In all thirty prosecution witnesses were examined and after taking note of their statements and documentary evidence adduced during trial, Judl. Magistrate, Tijara (Alwar) in Cr.Case No.23 (1648-A)/2003 vide judgment dated 18/03/04 convicted & sentenced the petitioners ad infra: (1) Inderbhan & (2) Ravi Ahuja U/Ss (a) 411, IPC - One year's RI (b) 120-B, IPC - One year's RI (3) Samundra Singh U/S (a)420, IPC- 3 Yrs' RI with fine of Rs.5,000/- (in default, 6 months' RI) (b)407, IPC- 3 Yrs' RI with fine of Rs.5,000/- (in default, 6 months' RI) (c)411, IPC- 2 Yrs' RI with fine of Rs.4,000/- (in default, 6 months' RI) (d)468, IPC- 3 Yrs' RI with fine of Rs.5,000/- (in default, 6 months' RI) (e)471, IPC- 1 Yrs' RI with fine of Rs.3,000/- (in default, 6 months' RI) (f)120-B, IPC - 1 Yrs' RI
(3.) All the substantive sentences were ordered to run concurrently. Against judgment dated 18/03/04 (supra) petitioners preferred appeal (No.11/05);