The State of Jharkhand vs Amit Kumar Chouhan and Others

IA. No. 252 of 2011:

Heard. On being satisfied with the grounds, the delay of 7 days in filing this appeal is condoned.

I.A. No. 252 of 2011 stands disposed of.

Acquittal Appeal (D.B.) No. 5 of 2011:

This acquittal appeal has been filed against the judgment dated 28.10.2010 passed by Sri Ram Dhari Yadav, Additional Sessions Judge, F.T.C. II, Dhanbad in Sessions Trial Case No. 190 of 2007 and 46 of 2008 acquitting the accused persons (respondents) --Amit Kumar Chouhan, Baleshwar Pandey @ Baleshwar Pathak @ Bablu, Narayan Bhuiya, Md. Raza, Krishna Nandan Paswan, & Chandbali Harijan for the charges under Sections 395 and 412 of I.P.C.

The prosecution case in short is that on 07.11.2006 at about 7:00 P.M. when the informant was coming from Dhanbad with the son of his maternal uncle, near the river bridge suddenly some miscreants came and threatened him with lathi and knife and also abused and assaulted the informant. The miscreants took away his motor-cycle and also Rs. 200/- from the pocket of the informant.

So far as the acquittal u/s 395 of I.P.C. is concerned, we find no reason to interfere with the same, as the witnesses did not identify the accused persons. So far as the factum of dacoity is conerned, it was proved by the prosecution. Charges u/s 412 of I.P.C. was framed against Baleshwar Panday @ Bablu from whose possession Helmet was recovered. Such charges were also framed against Narayan Bhuiya from whose possession looted motor-cycle was recovered. So far as Baleshwar Pandey @ Bablu is concerned, as only Helmet was recovered which is a common article and which was not put on T.I. Parade, we are not inclined to convict him u/s 412 of I.P.C. However, so far as Narayan Bhuiya is concerned, recovery of the looted motor-cycle from his possession is fully supported by the seizure witnesses. The description given by the informant regarding the chasis number and engine number etc. tallyied with the seized motor-cycle. The number plate was found tampered.

After carefully going through the records and hearing the parties, we are of the opinion that prosecution has been able to prove its case against Narayan Bhuiya so far as the charges u/s 412 of I.P.C. is concerned.

It is unfortunate that the learned trial court did not discuss as to why Narayan Bhuiya should be acquitted u/s 412 of I.P.C. In the circumstances, the impugned judgment is modified to the extent that respondent no. 3 - Narayan Bhuiya is convicted u/s 412 of I.P.C. and he is sentenced to undergo R.I. for three years. However, the period already undergone in jail by him, if any will be deducted from the period of sentence. Narayan Bhuiya is directed to surrender within two weeks from today for serving out the sentence. If he fails to surrender, the trial court will see that he is apprehended for serving out the sentence.

With these modifications in the impugned judgment, this acquittal appeal stands disposed of.