Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.36 of 2001 =========================================================== AGAINST THE JUDGMENT OF CONVICTION DATED 27.1.2001 AND ORDER OF SENTENCE DATED 31.1.2001, PASSED BY THE 1ST ADDITIONAL SESSIONS JUDGE, BHOJPUR, ARA IN SESSIONS TRIAL NO. 560/92. =========================================================== 1. Shailesh Singh, Son of Sri Rajeshwari Singh. 2. Sheo Narayan Singh, Son of Late Shankar Singh. 3. Vishwa Nath Singh, Son of Late Rama Singh. 4. Birbal Pandey, Son of Late Ram Naresh Pandey. All residents of village Dhandiha, P.S. Koilwar, District Bhojpur. 5. Chathu Yadav, Son of Late Marai Yadav. Resident of village Bhatdwar, P.S. Chandi, District Bhojpur. 6. Batu Yadav, Son of Sri Bhukhal Yadav. Resident of village Puradilganj, P.S. Koilwar, District Bhojpur. .... .... Appellants Versus The State of Bihar .... .... Respondent =========================================================== Appearance : For the Appellants : Mr. Akhileshwar Prasad Singh, Sr. Advocate Smt. Anita Kumari Singh, Advocate For the State : Mr. Sujit Kumar Singh, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL JUDGMENT Date: 16-10-2012 S.A. Khan, J. There are six appellants before this Court. They have been tried and found guilty by the 1st Additional Sessions Judge, Bhojpur, Ara in Sessions Trial No. 560/92 under [STATUTE] . All of them have been convicted to undergo R.I. for seven years under [STATUTE] . No separate sentence has been imposed by the Court below under [STATUTE] . 2. The informant Angad Singh @ Binod Singh Patna High Court CR. APP (SJ) No.36 of 2001 dt.16-10-2012 2 / 4 2 instituted a case on 19.5.1992 at 8.30 P.M. for an occurrence which took place at 7.45 P.M. at his petrol pump known as Giddha Petrol Pump. In the First Information Report, he reveals that when he came to his petrol pump, he saw three miscreants standing outside while there were some persons inside the service centre and in the cash room who were committing dacoity. He raised an alarm whereupon several persons came to the place of occurrence. The miscreants had supposedly fired and also have thrown bombs on the crowd that had gathered and thereafter escaped after stealing Rs. 21,000/- from the cash room. 3. The defence on behalf of the appellants that has come by way of suggestion denying their involvement in the occurrence. The case of the accused persons is that they have falsely been implicated in this case. 4. P.W. 2, Bhuneshwar Ram, P.W. 3, Rajendra Pandey, P.W. 4, Indrajit Ram P.W. 5, Mahendra Ray are the staffs of the petrol pump who were present at the time of occurrence. They have also supported the factum of dacoity but have not supported the identification of these accused persons and as such have been declared hostile. The entire case is based on the evidence of P.W. 6, the informant who has supported the prosecution case as well as the identification in his chief. The Patna High Court CR. APP (SJ) No.36 of 2001 dt.16-10-2012 3 / 4 3 cross-examination is mostly directed in trying to show that the informant was not present at the place of occurrence by asking him the topography of the petrol pump and details of the manner in which the dacoity took place. The defence has not been able to show that a dacoity did not take place or that in the course of dacoity the miscreants had not succeeded in taking away the cash lying with the cashier. 5. The Investigating Officer, P.W. 7 has also supported the prosecution case and has stated that there was a dacoity at the petrol pump. There is nothing in his evidence to lead this Court to hold that the occurrence was not true. The Investigating Officer has not brought any material on record to show the antecedents of these persons and, therefore, their identification by the informant creates certain doubts in the mind of this Court. 6. The only question for consideration is whether these appellants were involved in the said dacoity. Strangely enough the informant has not stated a word regarding the antecedents of these persons or how he knew these persons, whether they were resident of his own village or involved in similar activities so that he could have identified them. There is missing link, and the identification becomes doubtful in such circumstances. Patna High Court CR. APP (SJ) No.36 of 2001 dt.16-10-2012 4 / 4 4 The formal First Information Report has been sent to Ara from Koilwar which is a short distance away after 24 hours i.e. it was received in the Court of the Chief Judicial Magistrate on 21.5.1992. The third fact which is important is that it appears that Birbal Pandey was not named in the First Information Report and was subsequently named and involved in this case. All the three facts aforesaid lead this Court to doubt the identification of the appellants in the said occurrence, therefore, this Court finds that it cannot convict the appellants on the basis of the sole identification of the informant, and thus gives them the benefit of doubt and acquits them of all the charges levelled against them. They are also discharged from the liabilities of their bail bonds furnished earlier in this case. 6. In the result, this appeal is allowed. Sanjay/- (Sheema Ali Khan, J.)

Applicable IPC Section: 395

Statute Text:
Section 395 of the Indian Penal Code. Dacoity. Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.