Case Facts:
Patna High Court CR. APP (DB) No.783 of 2006 dt.25-07-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) NO.783 OF 2006 =========================================================== 1. SANJAY KUMAR SINGH SON OF KAMLAPATI KAMLESH 2. BATOHI @ CHANDANMAHTO SON OF LATE RAGHUBAR MAHTO 3. AMIT GUPTA SON OF KISHUNCHAND GUPTA ALL RESIDENT OF VILLAGE-BAG MAJHANAN, P.S.- KOILWAR, DISTRICT- BHOJPUR 4. GUDDU ANSARI SON OF MD. UNUS ANSARI, R/O VILLAGE- DAULATPUR, P.S.- KOILWAR, DISTRICT- BHOJPUR ... APPELLANTS VERSUS STATE OF BIHAR………………………………………..... .......RESPONDENT WITH CRIMINAL APPEAL (DB) NO. 898 OF 2006 =========================================================== 5. RAM PRATAP SAH SON OF RAM KUMAR SAH, RESIDENT OF VILLAGE- BIANWAN, P.S.- JAGDISHPUR, DISTRICT- BHOJPUR…………………………………………………………. APPELLANT VERSUS STATE OF BIHAR………………………...... ………………... RESPONDENT WITH CRIMINAL APPEAL (DB) NO. 908 OF 2006 =========================================================== 6. ROHIT MAHTO SON OF LATE KANHAIYA MAHTO, R/O VILLAGE- HARNAHI, P.S.- JAGDISHPUR, DISTRICT- BHOJPUR…... .... APPELLANT VERSUS STATE OF BIHAR…………………………………….... ........... RESPONDENT =========================================================== Against the judgment of conviction and order of sentence dated 26th and 28th July, 2006 respectively passed in Sessions Trial No. 109 of 2006 by Sri Amar Nath Sahay, Additional Sessions Judge, F.T.C.-1, Bhojpur, Ara =========================================================== Appearance : For the Appellant/s : Mr. Vikramdev Singh, Advocate Mr. Digvijay Kumar Ojha, Advocate Mr. Pushpendra Kumar Singh, Advocate Mr. Rajiva Ranjan, Advocate For the Respondent/s : Mr. Ashwini Kumar Sinha, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 25-07-2012 Since the above noted appeals have arisen out of common judgment, they have been heard together and are being disposed of by this common Patna High Court CR. APP (DB) No.783 of 2006 dt.25-07-2012 2 judgment. 2. The appellants, named above, have preferred the instant appeals against the judgment of conviction and order of sentence dated 26th and 28th July, 2006 passed in Sessions Trial No. 109 of 2006 by the learned Additional Sessions Judge, F.T.C. No. I, Bhojpur, Ara whereby the appellant nos. 1 to 4 of Cr. Appeal (DB) No. 783 of 2006 have been convicted for the offence under [STATUTE] and have been sentenced to undergo rigorous imprisonment for life. Appellants of other two appeals have been convicted for the offence under [STATUTE] and have been sentenced to undergo rigorous imprisonment for seven years. 3. After recovery of dead bodies of two male, the FIR vide Barhara P.S. Case No. 27 dated 18.2.2005 was registered against unknown on the basis of fard-beyan of Chowkidar 12/6 Sidhu Paswan (not examined). In fard-beyan (Ext. 5) the informant has stated that he has seen two dead bodies of two youths aged about 25-30 years. The dead bodies were having mark of violence i.e. throttling. Though the mob assembled, but the dead bodies could not be identified and so it was suspected that it was of persons from other villages. The fard-beyan resulted into registration of formal first information report (Ext. 6). The Police came and prepared the inquest report (Ext. 7 and 7/1). The dead bodies were sent for post mortem and the doctor found that the death was due to throttling and asphyxia. The post mortem report (Ext. 4 and 4/1) were obtained. In course of investigation deceased were identified as Sanjiv Kumar Yadav son of Baleshwar Yadav of village- Audhana, P.S.- Noor Sarai, District- Nalanda and Sujit Paswan Son of Kshatradhari Paswan of village- Mora Talab, P.S.- Rahui, District- Nalanda. During investigation it was revealed that truck bearing registration number BR 1G-4921 came at the bottling plant of Indian Oil and it was carrying 306 cylinders Patna High Court CR. APP (DB) No.783 of 2006 dt.25-07-2012 3 for Indian Gas Agency Ashthawan, District- Nalanda. In course of investigation, cylinders were recovered on the basis of confession of Batohi and Sanjay Kumar Singh. The Police, after investigation, submitted chargesheet. Accordingly, cognizance was taken and the case was committed to the court of sessions where charges under [STATUTE] were explained to Sanjay Kumar Singh, Amit Gupta, Batohi and Guddu Ansari. Charge under [STATUTE] was explained to Rohit Mahto and Ram Pratap Singh. All the six accused persons pleaded their innocence and claimed to be tried. 4. The simple defence of the accused persons is of false implication. The defence of Ram Pratap Singh and Rohit Mahto was that they were not knowing as to whether the cylinders were stolen or robbed. So they can not be said to be in possession of the cylinders knowing them or believing them to be the cylinders involving in commission of dacoity. On behalf of other four appellants the defence was of wrong identification and due to confusion. 5. The prosecution, in order to prove its case, has examined 8 witnesses. They are: Prem Chand Prasad (PW 1), Ram Sakal Singh (PW 2), Umesh Yadav (PW 3), Kumar Yadav (PW 4), Gandhi Kumar Sah (PW 5), Sadhu Sharan Thakur, A. S. I. (PW 6), Dr. M. K. Pandey (PW 7) and Ram Naresh Prasad Singh (PW 8). 6. The doctor has been examined as PW 7 and he had opportunity to conduct the post mortem examination upon the dead body of two persons who were identified by others. The post mortem examination of Sujit Paswan was held at 2.00 PM on 19.2.2005 and the doctor found throttling mark and death was caused between 24 hours to 48 hours prior to the examination. Similarly, the same doctor has conducted post mortem examination on the person of Sanjivy Kumar Patna High Court CR. APP (DB)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.