IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.200 of 2003

Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN

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Dineshwar Dubey S/O Late Chadnra Shekhar Dubey R/O Vilalge Mamarkha, P.S.

Malahi, District Motihari.

.... .... Appellant

Versus

State of Bihar

.... .... Respondent

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Appearance :

For the Appellant : Mr. Ambuj Nayan Chaubey, Adv.

Mr. Vikas Kumar, Adv.

Mr. Amit Kumar, Adv.

For the Respondent : Mr. Binod Bihari Singh, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA

ORAL JUDGMENT

Date: 09-02-2018

The sole appellant stands convicted under Section 412 of

the Indian penal Code and sentenced to undergo R.I. for seven years,

however, he has been acquitted from the charges levelled under

Section 395 of the Indian Penal Code, vide judgment and order dated

24.4.2003 passed by Sri Bipin Dutta Pathak, XIth Addl. Sessions

Judge, Saran at Chapra in Sessions Trial No.124 of 2002.

2. The prosecution case, as per the written application,

given by the informant Dr. Ashok Kumar Singh to the Officer

Incharge of Danapur Police Station that on 22.4.2000 while he was

going along with his uncle, he was intercepted by the accused person

and looted cash and articles and also looted away his Sumo Vehicle.

On that written application, Daudpur P.S.Case No.51 of 2000 was

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registered. It appears that during the investigation, the vehicle was

recovered in connection with some other cases, which is Malahi

P.S.Case No.70 of 2000 from the darwaza of the appellant. Post

investigation, the charge-sheet has been submitted against the

appellant and the cognizance of the offence was taken. It further

appears that as the case is triable by the court of Sessions, the same

has been committed to the court of Sessions, which ultimately came to

the file of Sri Bipin Dutta Pathak, XIth Addl. Sessions Judge, Saran at

Chapra for trial and disposal.

3. The charges have been framed under Sections 395 and

412 of the IPC. In course of the trial, nine witnesses have been

examined and they are – P.W.1 Dr. Ashok Kumar Singh, P.W.2

Lallan Dubey, P.W.3 Surat Ram, P.W.4 Vijay Kumar Singh, P.W.5

Ram Narayan Singh, P.W.6 Sri Rameshwar Singh, P.W.7 Prabhat

Bhushan Srivastava, P.W.8 Ramkant Upadhyaya and P.W.9 Shyam

Kishore Prasad, out of which Dr. Ashok Kumar Singh (P.W.1) is the

informant of the case and P.W.9 is the informant of Malahi P.S.Case

No.70 of 2000 and P.W.6 and P.W.7 are First and Second I.Os.

respectively.

4. On perusal of the evidence, it appears that so far P.Ws.

1 to 5 are concerned, they appear to be witness on the first part of the

occurrence with regard to looting away of the Tata Sumo Vehicle,

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however, P.W.1 had identified the vehicle after its recovery in Malahi

P.S.Case no.70 of 2000. P.Ws.6 and 7 are the I.Os. of the present case

and they have also stated about recovery of Sumo Vehicle in Malahi

P.S.Case no.70 of 2000, however, it appears from their evidence that

neither the appellant was put on TIP nor the article was put on TIP,

however, the evidence of P.W.1, who is informant of Malahi P.S.Case

no.70 of 2000 is concerned, it appears that the documents in the name

of the Dr. Ashok Kumar Singh were recovered from the dashboard of

the vehicle.

5. The defence of the accused person/appellant is simply

of false implication and of innocence and no oral or documentary

evidence has been adduced in this case.

6. The learned trial court after conclusion of the trial has

though acquitted the appellant from the charges under Section 395 of

the IPC, however convicted the appellant under Sectio