Sujeet Singh @ Mukesh Singh @ Mukesh ... vs The State Of Bihar on 29 January, 2016
20 Their testimony further shows that at 12.45am vehicle
in question came at out gate being driven by appellant Mukesh.
The appellant Sanjeet was helper. No question or suggestion is
put to them that the vehicle in question was not being driven by
appellant Mukesh with appellant Sanjeet as helper. No question
or suggestion is put to them that both of them were not present in
the vehicle. No explanation is called from the appellants how they
have come into possession of the case property when they have
not committed the theft. PW6 is the owner of the vehicle who has
categorically stated that appellant Mukesh was the driver and
Sanjeet was helper. It is clear from the record that vehicle in
question was in possession of appellants at that time.
21 It is clear from the testimony of PW3 and 4 that
vehicle was checked. 16 bundles of iron wire were found in the
Mukesh and Sanjeet vs. State 13 of 17
tool box of the truck trolla. No question or suggestion is put to
both of them that no bundle was recovered from the tool box. No
question or suggestion is put that no recovery was effected by
both of them. No question or suggestion is put to them that they
did not inform their senior officers. Their testimony on material
points has gone unrebutted which clearly shows that 16 bundles
of iron wire were recovered from the tool box of the vehicle
being driven appellant Mukesh with helper Sanjeet.
22 PW1 has reached on the spot on receipt of
information. The matter was reported to the police. PW5
alongwith HC Bahal Singh reached on the spot and carried out
the investigation.