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2011 DIGILAW 510 (MP)

Rajesh Kumar v. State of M. P.

2011-04-28

AJIT SINGH

body2011
ORDER 1. The revision is directed against the judgment, dated 13.10.2010 passed in Criminal Appeal No. 169/2007 by the Additional Sessions Judge, Singrauli, whereby he has dismissed the appeal of the applicant. 2. The trial Court convicted the applicant for an offence under section 414 of the Indian Penal Code and sentenced to rigorous imprisonment for one year and fine of Rs. 500/- or in default of payment of fine to undergo additional rigorous imprisonment for three month. 3. The applicant is a truck driver, 4. The prosecution case that has been proved against the applicant is that he voluntarily assisted in making away with 17.8 tons of coal which he had reason to believe to be stolen property. First information report, Ex. P/2, of the incident was lodged by Haripratap Singh (PW 2). The stolen coal along with his truck was seized from the possession of applicant vide Seizure memo Ex. P/3. Haripratap Singh (PW 2) has testified that applicant was voluntarily assisting in making away with coal which he had reason to believe to be stolen property. Nothing as been brought out in the cross-examination of Haripratap Singh (PW 2) to discredit his evidence. 5. In view of the ample evidence on record against the applicant, his learned counsel has not pressed this revision on merit. The conviction of applicant under section 414 of the Indian Penal Code is, therefore, hereby affirmed. 6. So far as the question of sentence is concerned, the applicant has already undergone more than 7 months and 15 days of the jail sentence. There is nothing on record to suggest that he is a habitual offender. On due consideration of the totality of circumstances, I am of the considered opinion that he deserves a chance to reform himself. I am, therefore, of the view that the interest of justice would be met by awarding a sentence for the period already undergone by the applicant for an offence under section 414 of the Indian Penal Code. The sentence of fine is, however, affirmed.. 7. With the above modification in the sentence, the revision is partly allowed.