Sanjay Singh, Dadan Singh and Rajendra Mochi vs The State of Jharkhand

Amareshwar Sahay, J.—Both the appeals arise against the judgment dated 27/09/2006, passed by the Sessions Judge, Latehar in Sessions Trial Case No. 48 of 2006, whereby the learned Sessions Judge has convicted the sole appellant Sanjay Singh of Cr. Appeal No. 1620/06 and two other appellants namely, Dadan Singh and Rajendra Mochi of Cr. Appl. No. 3/07 for committing the offence punishable u/s 395 of the Indian Penal Code and has sentenced them to undergo R.I. for 10 years each and also to pay a fine of Rs. 3000/- each. In default of payment of fine, they were also liable to undergo S.I. for three months.

The prosecution case, in short, is that on 25/01/2005, the informant was going to his village from Manika on his motorcycle bearing registration No. BR15-9370. When he reached to Jhungur more at about 6.00 p.m., he saw a Tata 407 Bus was standing on the road. The informant thought that there was puncture of the tyre of that mini bus. In the mean tine, two persons came in front of the informant, armed with pistols and stopped him and demanded valuables. They took some money from his pocket and they gave threats to the life of the informant and then he delivered a sum of Rs. 13,000/- to them. The informant was compelled to sit on the roof of Anku Mini Bus. The miscreants took his motorcycle. Some other persons were also sitting on the roof of. the bus. The dacoits, who were seven in numbers, were looting other persons who were passing through that road either by bicycle or by motorcycle. One Darogi Yadav reached to the place of occurrence on a motorcycle No. JH03B-0955, along with Samodhi Yadav and Jagdish Yadav. Somodhi Yadav and Jagdish Yadav were pillion riders of the motorcycle of Darogi Yadav. They were also looted and compelled to sit on the roof of the bus. The motorcycle of Darogi Yadav was also captured by the dacoits. Thereafter, all the seven dacoits started to flee away towards Manika on the motorcycle taken from the informant and Darogi Yadav. Four dacoits left by one motorcycle and three by another motorcycle from the place of occurrence. A person, who was looted, was having a mobile and he gave information about the occurrence to Panchpheri chowk. The informant left the place of occurrence on a motorcycle of another person. When he reached near panchayat Bhawan of Manika, he saw that the people who standing near the Panchayat Bhawan'' were trying to surround the miscreants by shouting maro-maro. One of the culprits tried to fire towards the crowd but the same misfired. The crowd was very much agitated and started to throw the stones on the occupants of the motorcycle, as a result of which they fell down on the ground. The members of the mob started to assault the miscreants by stones, lathi and danda. One of the miscreants succumbed to his injuries inflicted by the members of the mob near the Panchyat Bhawan. In the mean time, the police reached near Panchayat Bhawan and arrested three miscreants with the help of local people. They disclosed their names as Sanjay Singh, Dadan singh and Rajendra mochi, all belonging to the District of Palamau. Some of the miscreants fled away taking advantage of darkness. The apprehended accused persons disclosed the name of those accused who fled away as Anil Chaoudhary, Dinesh Chaudhary and Harendra Pathak. On the road both the looted motorcycles, were lying. On the search of the bodies of the apprehended persons, a loaded country made pistol was recovered from the person of Dadan Singh, a life cartridge was recovered from the pocket of Rajendra Mochi and a loaded pistol was recovered from the place where the dead body of the dead culprit was lying. The apprehended persons also disclosed the name of the dead dacoit as Ayodhya Singh. The police seized the firearms after preparing the seizure list. Both the looted motorcycles were found lying on the Pakka road. Mini bus bearing No. BR15B 7860 returned to Manika on getting information that the dacoits were apprehended. The informant learnt from the passengers that a Nokia mobile bearing No. 9431338317 and a sum of Rs. 250/- was looted from Udai Prasad. Cash amounts were also looted from Kameshwar Sharma, Kariman Sao Deowansh Yadav, Kameshwar Prasad, Tarachand Prajapati and the Driver of the bus Saryug Ram.

The case was registered under Sections 395 and 412 of the Indian Penal Code. After completion of investigation, the charge sheet was also submitted for the offence under Sections 395 and 412 IPC against the accused persons and the charges were also framed under the aforesaid sections.

The accused persons denied the charges and according to them, they were falsely implicated in this case.

In order to establish the charges, altogether 11 witnesses were examined on behalf of the prosecution. Apart from the oral evidence, some documentary evidences were also adduced on behalf of the prosecution.

The learned trial court, on the basis of the evidences and materials on record, found that the prosecution has been able to establish the charges against the appellants under Sections 395 IPC but fail to establish the charges u/s 412 IPC. Accordingly, conviction and sentence was passed against the appellant only for the offence under Sections 395 IPC and were acquitted from the charge u/s 412 IPC.

The learned Counsel for the appellants submitted that the trial court has committed serious error in relying on the contradictory statements of the prosecution witnesses. In fact, their evidences are not at all trustworthy and, therefore, the conviction and sentence passed by the trial court against the appellants is liable to be set aside.

I have carefully gone through the evidences of the prosecution witnesses. The informant PW-5 Lalu Yadav has fully supported the prosecution case. In his evidence, he has stated that while he was going to his village Palheya from Manika on his motorcycle and when he reached Jungur more at about 6.30 p.m. on 25/10/2005, he saw Tata 407 vehicle standing on the road. He thought that the tyre of the vehicle must have got punctured. He slowed down the speed of his motorcycle. At that moment, two persons came in front of his motorcycle and pointed out pistol at him and snatched money from his pocket. On their threats, he delivered Rs. 13,000/- taking out from his pant. Thereafter, he was forced to sit on the roof of that mini bus and from there he saw that the other persons, who were passing through that way either by bicycle or by motorcycle, were also being looted and were forced to sit on the roof of the bus.

Darogi Yadav (PW-3) reached to the place of occurrence on his motorcycle and Samodhi Yadav and Jagdish Yadav, i.e. PWs.- 7 and 8 were also with him. They were also looted and were compelled to sit on the roof of the bus. According to this witness, the dacoits were seven in numbers. After looting the persons, the dacoits fled away from the place of occurrence towards Manika on his motorcycle as well as on the motorcycle of Darogi Yadav. Four dacoits sat on one motorcycle and the rest three sat on other motorcycle.

In his examination-in-chief, he stated that Lav Dubey, who was having a mobile phone, informed about the occurrence to the Manika Police Station and to some other persons.

PW-3 Darogi Prasad Yadav in his evidence has stated that on 25/10/2005, he was returning to his village Bagdegwa from Manika on his motorcycle and Ramnandan Yadav and Samodhi Yadav were also with him. He further stated that at Jhungur more passengers of Tata 407 bus were being looted. The dacoits abused him and snatched Rs. 10,020/- from him. His motorcycle bearing registration No. GH03B-955 was also looted by the dacoits and, thereafter, all the dacoits fled away towards Manika on his motorcycle and on the motorcycle of Bali Yadav (brother of the informant). He further stated that Lav Dubey made a call from his mobile phone to Bali Yadav, Gouri Sao and to the police about this occurrence.

PW-4 Kameshwar Prasad Yadav has also corroborated the statements of the informant PW-5 and PW-3 and has stated that he was going to village Kurund from Manika on his motorcycle and he saw Tata 407 bus was standing on the road. Bus was stopped since the road was blocked. He further stated that he could not understand the things and, therefore, he proceeded ahead and then the dacoits pointed out pistol OH his head and looted away Rs. 4930/-, a wrist watch and took the keys of his motorcycle. He further stated that the dickey of the motorcycle was broken by the dacoits and the papers kept in the dickey was taken out and thrown and he was made to sit on the roof of the bus, which was standing there. He further stated that the dacoits fled away on the looted motorcycle of Darogi Yadav and Lalu Yadav towards Manika.

The other two witnesses, i.e. Samodhi Yadav and Jagdish Yadav, PWs.-7 and 8 have also fully corroborated the evidences of the prosecution witnesses and supported the prosecution case.

PW-9 Dilip Kumar Pandey is the conductor of the mini bus and he has stated that he was the conductor of the aforesaid bus and was going from Daltonganj to Barwadih and when his bus reached at Jhungur more at about 6.30 p.m., he found a barrier was put across the road as a result of which the bus had to be stopped. He further stated that two to three persons came out from the bushes and started looting the passengers of the bus. He was also looted away by the miscreants while he was at the door of the bus. The dacoits took Rs. 750/- from him. He gave the numbers of the dacoits to be seven. He also stated that Darogi Yadav and Lalu Yadav reached to the place of occurrence on their respective motorcycles and they were also looted away by the dacoits.

PW-10 Uday Prasad is one of the passengers of the bus, who was also looted in the dacoity. This witness has stated in his evidence that in the month of October, 2005 he was going to Barbaya from Manika by Anku mini bus and when the aforesaid bus reached at Jhungur more at about 6.30 p.m. the bus was stopped because a barrier was put in the mid of the road. He further stated that seven persons entered into the bus and started looting away the passengers one by one and, thereafter, the looted passengers were being sent to sit on the room of the bus. According to this witness, his mobile phone and cash were looted away by the dacoits. He also stated that all the seven dacoits fled away from the place of occurrence on motorcycles.

PW-1 Gouri Prasad Yadav has stated in his evidence that while he was at Manika Chowk, he got information on his mobile phone from Lav Kumar Dubey that a dacoity has taken place and dacoits were proceeded towards Manika on two motorcycles. Lav Kumar Dubey has also informed that on one motorcycles four dacoits and on another motorcycle three dacoits were sitting. He, thereafter, started making hullah chor-chor and assembled near the Panchyat Bhawan and blocked the road. After 5 to 10 minutes, two motorcycles reached there and the people started throwing stones on them. The occupants of the motorcycles fell down and one of them pointed pistol towards the crowd. The accused Sanjay Singh attempted to fire towards them but it misfired. Four dacoits were apprehended by the crown. One of them died at the spot due to the assault made by the people. The three apprehended dacoits were disclosed their names as Sanjay Singh, Dadan Singh and Rajendra Mochi and they also disclosed the name of the dead dacoits as Ayodhya Singh. The police reached at the place of occurrence and saved the three apprehended accused. The loaded pistol was lying near the dead body of the accused Ayodhya Singh. From the possession of the Sanjay Singh a loaded pistol and from the possession of Rajendra Mochi a cartridge was recovered and seized by the police. The Motorcycles, which were used by the dacoits, were also seized by the police. He further stated that at the place of occurrence about 300-400 people were assembled.

In the same line PW-2, who is the brother of the informant Lalu Yadav has stated that he also received the information on telephone from his brother Lalu Yadav regarding dacoity and he along with others gathered near the Panchayat Bhawan. This witness also repeated the same story as that of PW-1.

PW-11 is the Investigating Officer. In his evidence he has stated that the place of occurrence was pucca road and at the place of occurrence many electric poles were lying by the side of the road. The Investigating Officer has further stated that he seized a loaded, country made pistol and a life cartridge from the possession of the accused Dadan Singh. He also seized a cartridge from Rajendra Mochi and country made pistol and life cartridge from the place near the dead body of the dacoit Ayodhya Singh. He look all the three apprehended accused namely, Sanjay Singh, Dadan Singh and Rajendra Mochi in his custody.

From the evidence adduced by the prosecution, which have been discussed above, it is established that all the seven miscreants reached to Manika on two looted motorcycles, one belonging to Darogi Yadav and the other belonging to the informant. The miscreants were stoned by the public as a result of which they fell down from the motorcycles. They were apprehended by the crowed and were also assaulted. It is also established from the evidence that one miscreant namely Ayodhya Singh died at the spot due to the injuries inflicted by the public and three miscreants namely Sanjay Singh, Dadan Singh and Rajendra Mochi, i.e. the appellants in the present appeals also sustained injuries due to the assault made by the public. From the evidence of the prosecution witnesses it is also established that after committing dacoity, all the miscreants fled away on two looted motorcycles. All the miscreants were seen reaching towards Manika by the prosecution witnesses. The motorcycles were seized from the road located near the Panchyat Bhawan. It is also established that four miscreants were apprehended and three other managed to escape. One miscreant Ayodhya Singh died due to the injuries caused by the public.

The oral as well as the documentary evidence on record clearly establishes that these three appellants were involved in commission of dacoity on the alleged date and time of the occurrence and they were also apprehended and assaulted by the general public. The motorcycles and other incriminating articles were recovered from their possession. I do not find any contradiction or infirmity in the evidence of the prosecution rather the prosecution witnesses are all consistent and trustworthy.

In view of the discussions and findings above, I hold that the learned trial court has rightly found the appellants guilty u/s 395 IPC and convicted and sentenced them for committing the offence u/s 395 of the Indian Penal Code. I do not find any error or infirmity in the impugned judgment. Accordingly, the conviction and sentence passed by the trial court against the appellants is hereby upheld and both these appeals are dismissed having found no merit.