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2025 Supreme(Jhk) 1143
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ARUN KUMAR RAI, J.
Vidya Shankar Rajwar, S/o Ram Shankar Rajwar - Appellant
Versus
The State of Bihar(now Jharkhand) - Respondent
Criminal Appeal (S.J.) No.293 of 1999(R), Criminal Appeal (S.J.) No. 310 of 1999(R), Criminal Appeal (S.J.) No. 315 of 1999(R), Criminal Appeal (S.J.) No. 333 of 1999(R), Criminal Appeal (S.J.) No. 361 of 1999(R), Criminal Appeal (S.J.) No. 367 of 1999(R)
Decided on : 28-04-2025
Advocate Appeared:
For the Appellants :Mr. Kumar Vaibhav, Amicus Curiae, Mr. S.K. Laik, Advocate
For the Respondent:Mr. Abhay Kr. Tiwari, Advocate
The prosecution must prove knowledge of stolen property to secure a conviction under Section 412 IPC; failure to establish this results in acquittal.
Headnote:(A) Indian Penal Code, 1860 - Sections 412 and 395 - Conviction for dacoity - Convicted for offence under Section 412 despite exoneration from Section 395, as prosecution failed to prove necessary elements of Section 412. Recovery of stolen property noted but not supported by witnesses. (Paras 1, 11, 24)
(B) Criminal Procedure - Burden of proof - Prosecution must establish that accused knew of stolen nature of property received from a gang of dacoits; failure to provide sufficient evidence warrants acquittal. (Paras 22, 23)
Facts of the case:
Appellants were convicted for committing dacoity but acquitted from dacoity charges due to lack of identification by witnesses; recovery of stolen items was challenged by appellants leading to appeal against conviction under Section 412 IPC.
Findings of Court:
Prosecution could not establish the necessary elements for conviction under Section 412; thus, appellants are entitled to benefit of doubt.
Issues: Adequacy of evidence and identification of accused; prosecution's failure to satisfy the ingredients of Section 412.
Ratio Decidendi: The court emphasized that the prosecution must prove knowledge of stolen property for a valid conviction under Section 412 IPC; failure to do so results in acquittal.
Result: Appeals allowed and conviction set aside.
| Table of Content |
|---|
| 1. conviction details and case background. (Para 1 , 2 , 3) |
| 2. witness testimony and evidence gaps. (Para 4 , 5 , 6 , 12 , 21) |
| 3. defense arguments against prosecution. (Para 7 , 8 , 9 , 20) |
| 4. legal standards for section 412 ipc. (Para 11 , 22) |
| 5. lack of corroborative witness testimony undermines prosecution's case. (Para 19) |
| 6. court ruling and outcome of appeals. (Para 24 , 25 , 26 , 27) |
JUDGMENT :
1. All the aforesaid appeals arise out of order of conviction dated 15.09.1999 & order of sentence dated 20.09.1999, passed in S.T. No. 262 of 1997 by learned Additional Sessions Judge, Dhanbad wherein and whereunder the present appellants have been convicted for committing offence U/s 412 I.P.C. and have been sentenced to undergo R.I. for five years.
2. In the present case, FIR being Jharia P.S. Case No. 69 of 1997 is based upon the fardbeyan of informant Manoj Kumar Burnwal who stated therein that his house is at Nayee Duniya, P.S. Jharia, District Dhanbad and in the room situated at outer side of the house, while he was making gossip with his family members and one girl Guriya of his neighborhood, then at about 8.15 P.M. in the night there was power cut and he started portable generator. It is also alleged that he had taken connection from commercial generator in the house from outside but when the current did not come from commercial generator then informant asked the said girl Guriya to see the outside why the commercial generator has yet not started and the moment Guriya opened the door of his house about 7-8 unknown miscreants entered into his house, two of them were armed with pistol and one was having bomb and others were having Chhura and Bhujali, etc. Informant claimed that he has identified two of them namely, Kallu Rawani and Birju Bhuiyan and it is stated that Kallu Rawani was standing on the main road having bomb in his hand, whereas Birju Bhuiyan was armed with pistol. The electricity connection was disconnected and miscreants started taking ornament from his mother, bhabhi and sister. Informant was asked by Birju Bhuiyan to open the almirah, then out of fear his sister Madhu Kumari opened both the almirah kept in inner and outer room and they searched said almirahs. The miscreants committed dacoity for about ten minutes in the house of informant and it is alleged that dacoits took away one gold chain, two gold ring, one gold kanbali from his mother and one gold chain with mina, one mangal sutra, two gold rings, golden kanbali from his bhabhi Kavita Devi and from his sister Madhu Kumari they took gold chain, two gold rings, gold Kanbali. Gold chain from the neck of his younger brother, Ranjit was also taken and they also looted Rs. 20,000/- and one Yashika 3D Camera, one silver key ring, six old wrist watches, out of which one was lady Titan of golden dial with golden chain, 2 allwyn of plain dial and steel chain and two were citizen, one of black dial and other of the plain dial with steel chain and one H.M.T, with plain dial with leather belt and two nose gold besar. Thereafter, they fled away by extending threat. It is further alleged that dacoits hurled two bombs which caused injury to Bijoy Kumar Singh generator labour and police patrolling party also reached there and chased the culprits but they fled away by taking advantage of darkness of night. Informant has given physical description of miscreants also and claimed to identify the miscreants, if shown to him.
3. From record, it appears that initially Munna Rawani was apprehended and on his confession other co-accused persons got arrested one by one and allegedly looted articles got recovered from their respective possession. After due investigation chargesheet has been submitted against appellants and other co-accused persons. Cognizance for offence was taken by learned Magistrate, thereafter matter was committed to court of session. Charge has been framed on 05.12.1997 under Section 397 of I.P.C. and Section 412 of I.P.C. out of these appellant
