In the instant case, P.W.I Kamal Gupta lodged com#31;plaint (Ext.Ka-1) against accused per#31;sons on January 12, 2002. The same was registered as case crime No. 24/2002 under sections 394, 302, 201 IPC by P.S. Lansdowne, District Pauri Garhwal on 12.1.2002 at 8:00 a.m. The occurrence took place on 11.1.2002 at unknown time. The distance between place of oc#31;currence and P.S. Lansdowne was 27 kilometres. Hence, there appeared to be no delay in lodging chik FIR (Ext.Ka-9).

2. Prosecution story was narrated by P.W.I Kamal Gupta before the trial Court. He said amongst other things, that he was the Director/Proprietor of M/s. Shiv Dayal Gupta Agency Pvt. Ltd. Kotdwar. The said firm owned a truck No. UP06 5774. On 8.1.2002, Sudhir and appellant Gaurav were de#31;puted as driver and cleaner on the said truck. Sudhir and appellant Gaurav were present before the Trial Court when P.W.I Kamal Gupta deposed. In#31;formant said in his examination-in-chief that the salesman of his firm was victim Naresh Agarwal. On 8.1.2002 the truck was sent for sale of various articles from Srinagar to Gopeshwar via Rudra-prayag. Salesman Naresh Agarwal, driver Sudhir and cleaner Gaurav were