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2018 Supreme(Pat) 774
IN THE HIGH COURT OF JUDICATURE AT PATNA
Aditya Kumar Trivedi, J.
Narendra Rai @ Jyot Rai Son of Late Ghanshyam Rai – Appellant
Versus
The State of Bihar – Respondent
Criminal Appeal (SJ) No.114, 118, 140 of 2015
Decided On : 26-06-2018
For the Appellant : Mr. Vikramdeo Singh, Adv., Mr. Vinay Kr. Mishra, Adv.
For the Respondent: Mrs. Abha Singh, A.P.P.
The court emphasized the importance of compliance with legal procedures and the need to avoid miscarriage of justice.
Headnote:
Section 395 IPC - Bank Dacoity - Section 395, Section 412 IPC - [395, 412] - The court found the appellants guilty under Section 395 IPC and sentenced them to undergo RI for 10 years. Appellants Narendra Rai @ Jyot Rai and Rauni Singh were also found guilty under Section 412 IPC.
Fact of the Case:
Armed miscreants raided a bank and decamped with cash. The prosecution presented evidence including witness testimonies and confessional statements.
Finding of the Court:
The court found the appellants guilty under Section 395 IPC and sentenced them to undergo RI for 10 years. Appellants Narendra Rai @ Jyot Rai and Rauni Singh were also found guilty under Section 412 IPC. The court set aside the lower court's conclusion and ordered a retrial.
Issues: Identification of accused, admissibility of evidence, compliance with legal procedures, and absence of accused during trial.
Ratio Decidendi: The court found deficiencies in the trial process, including the absence of accused during trial and non-compliance with legal procedures, leading to a miscarriage of justice.
Final Decision: The court set aside the lower court's conclusion and ordered a retrial, cancelling the bail bonds of all the appellants.
CR. APP (SJ) No.114 of 2015 wherein Narendra Rai @ Jyot Rai is the appellant, CR. APP (SJ) No.118 of 2015 wherein Bindeshwari Sharma @ Gurujee is the appellant and CR. APP (SJ) No.140 of 2015 wherein Rauni Singh is the appellant have commonly originated against the judgment of conviction dated 22/01/2015 and order of sentence dated 09/02/2015 whereby and whereunder all the appellants have been found guilty for an offence punishable under Section 395 IPC and sentenced to undergo RI for 10 years as well as to pay fine of Rs. 10,000/- in default thereof, to undergo SI for six months additionally. Appellants, Narendra Rai @ Jyot Rai and Rauni Singh have further been found guilty under Section 412 IPC, however, no separate sentence has been inflicted therefor by the Additional District & Sessions Judge-II, Danapur, Patna in Sessions Trial No. 780/2010, on account thereof, have been heard together and are being disposed of by a common judgment.
2. Armed miscreants raided United Bank of India, Usri-Shikarpur Branch on 16/12/2008 at about 10:00 AM and on the pretext of threatening endangering lives of employees by means of fire arm decamped with cash of Rs. 52,550/-, though earlier disclosed as Rs. 82,215/- though some of them were assaulted whereupon on the written report of Branch Manager, Ganesh, (PW 1), Danapur PS Case No. 374/2008 was registered at an initial stage under Section 394 IPC against unknown. During course of investigation, participation of more than five miscreants were traced out some of whom, on account of being suspected were apprehended, remanded from different cases, having inculpatory extra judicial confessional statement at their end, recovery of cash though in meagre amount has been shown against them and further, one of the police personnel who was deployed at the Bank, Indukant Mishra (PW 11) identified some of the accused during course of TIP whereupon, so many chage-sheets were filed and that happens to be the basis for conduction of trial, concluded by way of recording acquittal against co-accused, Karan Singh @ Painter while convicting the appellants in a manner as indicated above.
3. It is also evident from the lower court record that two of the accused Pappu Manjhi and Ashok Yadav escaped during course of trial whereupon their trials were separated.
4. Defence case as is evident from the mode of cross-examination as well as statement recorded under Section 313 CrPC is that of complete denial. However, nothing has been adduced in defence.
5. The prosecution, in order to prove its case, had examined altogether 12 PWs who are PW-1, Ganesh Kumar (informant) PW-2, Meghnath Nath, PW-3, Shyam Narayan Singh Azad, PW-4, Ajay Kumar Sinha, PW-5, Jai Nath Verma, PW-6, Buneshwar Prasad, PW-7, Nirmal Kumar, PW-8, Raman Kumar, PW- 9, Sri Kant Pathak, PW-10, Harendra Nath Pandey, PW-11, Indukant Mishra and PW-12, Dr. A. K. Singh. Side by side had also exhibited Ext-1, Written report, Ext-2 and Ext-3/1, Seizure list dated 23.12.2008, Ext-3/2, Signature of the then SHO on the FIR, Ext-4, Confessional statement Narendra Rai, Ext-4/1, Confessional statement of Ronny Singh, Ext-4/2, Signature of Bindeshwar Sharma on his confessional statement, Ext-4/3, Confessional Statement of Karan Singh @ Painter dated 19.11.2009, Ext-5, TIP chart, Ext-5/1, Signature of Assistant Jailor on TIP Chart, Ext-6, Driving License of Rauni Singh, Ext-6/1, ATM Card of Rauni Singh, Ext-6/2, Dependent I-Card of Rauni Singh, Ext-7, Signature of Dr. A.K. Singh on injury report. Defence has not been able to lead ocular as well as documentary evidence.
6. All the appellants have been independently represented and basically though they have challenged the finding recorded by the learned lower court but in different modes as well as grounds. That being so, the same is independently dealt with.
7. It has been submitted on behalf of the appellant, Bindeshwari Sharma @ Gurujee that there happens to be no evidence against him to connect with the alleged
