[Per: Hon’ble U.C.-Dhyani, J.]

In the instant case, P.W.1 Kamal Gupta lodged complaint (Ext.Ka-1) against accused persons 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 12.01.2002 at 8:00 a.m. The occurrence took place on 11.01.2002 at unknown time. The distance between place of occurrence 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.1 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 08.01.2002, Sudhir and appellant Gaurav were deputed as driver and cleaner on the said truck. Sudhir and appellant Gaurav were present before the trial court when P.W.1 Kamal Gupta deposed. Informant said in his examination-in-chief that the salesman of his firm was victim Naresh Agarwal. On 08.01.2002 the truck was sent for sale of various articles from Srinagar to Gopeshwar via Rudraprayag. Salesman Naresh Agarwal, driver Sudhir and cleaner