Amar Sah And Ors vs State Of Jharkhand

Heard the parties.

All the four accused/appellants have been charged under Sections 379,411 and 34 of the Indian Penal Code and Section 27 of the Arms Act and

one of the accused/appellant, namely, Md. Basir was also charged under Section 307 of the Indian Penal Code and convicted all the

accused/appellants under Section 379,411 and 34 of the Indian Penal Code, except Md. Basir who has been convicted under Sections 307,379,411 and

34 of the Indian Penal Code and Section 27(i) of the Arms Act and all the accused/appellants sentenced under the aforesaid Sections vide impugned

judgment dated 04.03.2006 passed Addl. Sessions Judge, Fast Track Court-IV, Bokaro, in Sessions Trial Case No.156 of 1997 whereby all the

appellants have been sentenced to undergo rigorous imprisonment for three years under Sections 379/411 of the Indian Penal Code. Apart from that

Section, appellant-Md. Basir has further been sentenced to undergo rigorous imprisonment for three years each for under Section 307 of the Indian

Penal Code and Section 27(i) of the Arms Act. The sentences were directed to run concurrently.

The criminal law has been put in motion by written report dated 16.03.1996 of Mr. Kirori Lal Meena, Sub-Inspector, CISF (P.W.5) upon which,

first information report has been lodged against 15 named persons as Bokaro Steel City P.S. Case No.83 of 1996 (G.R.No.337 of 1996) registered

under sections 379,411 and 34 of the Indian Penal Code and Section 27 of the Arms Act. As per the first information report, CISF personnel has got

secret information that some miscreants are about to commit theft and accordingly they reached at the place. At around 5.00 p.m., when the

miscreants came there through drainage situated near gate no.3, all the accused persons have been nabbed. On enquiry, it has been found that five

piece of brass material weighing 1500 kgs. were kept inside the drainage for the purpose of theft. Seven persons have been arrested inside the

drainage. Other persons were subsequently arrested on the disclosure made by the arrested persons.

On completion of the investigation, 14 persons have been charge sheeted, as named in the written report, two person was found to be the same.

Charge sheet has been submitted on 13.06.1996 under Sections 379/411/307/34 of the Indian Penal Code and Section 27 of the Arms Act, showing

five persons as absconders. The cognizance has been taken against 14 accused persons on 02.07.1996. The case has been committed to the court of

Sessions with regard to 9 persons including the appellants. Only four persons have faced trial i.e. the appellants before this Court. The charge has

been framed on 12.09.2002 with respect to accused-Amar Sah whereas on 31.07.2002 charge has been framed against three accused persons

namely, Pramod Kumar, Lalu Manjhi and Md. Basir under Sections 379/411/34 of the Indian Penal Code and Section 27 of the Arms Act. Apart from

that, Md. Basir has also been charged under Section 307 of the Indian Penal Code. Charge has been explained to which the appellants pleaded not

guilty and claimed to be tried.

On conclusion of the trial, all the accused persons have been convicted and sentenced under the aforesaid Sections of the India Penal Code and the

Arms Act, against which, present appeals have been filed.

To substantiate the charges, the prosecution has produced five witnesses and all the witnesses are CISF Personnel including informant (P.W.-5).

Ext.-1 is the property certificate. Ext.-4 is the seizure list and Ext.-6 is the FIR.

Neither, Investigating Officer has been examined nor any official of BSL has been examined. Though, allegation has been made regarding firing,

but, neither fire arms nor empty shells have been recovered. The charges have been evidenced only by CISF personnel. Thus, it is evident that the

trial has been conducted in a most perfunctory manner. No independent witness or any other witness either police or civilians except CISF personnel

has been examined as a witness in the present case.

Considering the materials and the evidence on record, this Court finds that the prosecution has failed to substantiate the charges levelled against the

appellants.

Resultantly, present appeals are allowed and the judgment of conviction and the order of sentence dated 04.03.2006 passed by Addl. Sessions

Judge, Fast Track Court No.-IV, Bokaro, in Sessions Trial Case Nos.156 of 1997 is, hereby, set aside.

Since the appellants-Amar Sah and Pramod Kumar in Cr. Appeal (S.J.) No. 387 of 2006 and Lalu Manjhi and Md. Basir in Cr. Appeal (S.J.)

No.518 of 2006 are already on bail, they are discharged from the liability of their bail bonds.