IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1809 OF 2012

MD. FIROZ ALAM

APPELLANT

VERSUS

THE STATE OF JHARKHAND

RESPONDENT

O R D E R

Heard Mr. Praveen Swarup and Ms. Payal Swarup, the learned

counsel appearing for the appellant. The State of Jharkhand is

represented by Mr. Vishnu Sharma and Ms. Madhusmita Bora, the

learned counsel.

2.

This appeal arises out of an order dated 19.01.2010 in

Criminal Appeal No. 396 of 2002 whereby the learned Judge of the

Jharkhand High Court while disposing of three criminal appeals

through the common order upheld the conviction of the appellant

under Section 412 of the Indian Penal Code, 1860 (“IPC”). The

appellant who was also convicted under Sections 395 and 397 of the

IPC was however acquitted of those charges under the impugned

judgment of the High Court. However, the acquittal of the two co-

accused was ordered by the said common judgment.

3.

The case of the prosecution in brief is that on 11.11.1998 at

about 1:45 p.m., few of the accused intruded into the shop