Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.128 of 1999 (Against the Judgment and Order of conviction dated 24.05.1999 passed by the Ist Additional Sessions Judge, Araria in Sessions Trial No. 263 of 1995) =========================================================== Binod Kumar Sah S/o late Laxmi Prasad Sah, R/o Moh. Mahabirsthan, Patel Chowk, Ward No.6, P.S. Forbesganj, District - Araria .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with Criminal Appeal (SJ) No. 136 of 1999 =========================================================== Kamleshwari Yadav S/o Bahadur Yadav R/o Vill. Palasi, P.S. Narpatganj, District – Araria. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with Criminal Appeal (SJ) No. 157 of 1999 =========================================================== Bachchu @ Jai Prakash Kurail S/o Shri Rameshwar Kurail, R/o Mohalla Kothihat Ward No.2, Forbesganj, P.S. Forbesganj, District - Araria .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : (In CR. APP (SJ) No. 128 of 1999) For the Appellant : Mr. Girish Prasad Gupta. For the Respondent : Mr. Ajay Mishra, A.P.P. (In CR. APP (SJ) No. 136 of 1999) For the Appellant : Mr. Ajay Mishra (Amicus Curiae) For the Respondent : Mr. Sujit Kumar Singh, A.P.P. (In CR. APP (SJ) No. 157 of 1999) For the Appellant : Mrs. Rajni (Amicus Curiae) For the Respondent : Mr. Sujit Kumar Singh, A.P.P. =========================================================== PRESENT HON’BLE MR. JUSTICE MANDHATA SINGH Patna High Court CR. APP (SJ) No.128 of 1999 dt.31-01-2012 2 J U D G M E N T Mandhata Singh, J. 1. All the above Criminal Appeals are being disposed of by a common judgment as they arise out of Sessions Trial No. 263 of 1995. 2. Fardbeyan of one Ratan Kumar Agrawal has been made basis for F.I.R. which, in short, is that on 14.12.1994 at about 7.00 pm., he was sitting in his gaddi situated in front of his house along with his cashier Ratan Kumar Jain and other business men including Madan Chand Pugalia, Upendra Bhagat and two others. His wife, mother, father, uncle, aunt and other family members were sitting inside his house. In the meantime, about 14-15 dacoits entered his gaddi armed with pistol threatened them on the point of pistol. Madan Chand Pugalia was assaulted by means of butt of pistol on his mouth which broken his front teeth. They snatched Rs. 1000/- from the pocket of Upendra Bhagat, Rs. 2000/- from Cashier and taken away Rs. 1744/- from galla bearing endorsement on one note about Rs. 1744/-. There was light of generator facilitating to identify dacoits by face. 3. Further, statement of the informant is that 8- 10 dacoits entered the house and on the point of pistol, looted house hold articles including cash, jewellery and Yasika Camera which they took away also. There is further description of articles and manner in which dacoits acted in course of loot. Patna High Court CR. APP (SJ) No.128 of 1999 dt.31-01-2012 3 Further, it is stated that after committing dacoity some of dacoits fled away towards East, some towards West through railway line and some towards South with stolen articles. On alarm, public from vicinity and constable on duty with arms chased dacoits in direction of their fleeing. Police Personnel returned with two dacoits along with some looted ornaments and pistol. They were identified as Johny @ Md. Aftab Alam and Manoj as disclosed by them. They further disclosed name of some of their accomplices showing appellant Kamleshwari as ring leader. 4. In course of investigation, some more material was collected by the I.O. including apprehension of Binod Kumar Sah, appellant of Cr. Appeal No.128 of 1999 and Bachchu @ Jai Prakash Kurail, appellant of Cr. Appeal No. 157 of 1999 along with Rs. 715/- and Rs. 430/- in cash respectively. 5. After concluding the trial, case is ended in conviction and sentence to all the three accused-appellants for the offence under [STATUTE] . and 412 of the I.P.C. 6. In all 19 witnesses are examined in the case. They are P.W.1 Chainrup Bathra, P.W.2 Bijendra Prasad Dev, P.W.3 Ratan Lal Agrawal, P.W.4 Ratan Lal Jain, P.W.5 Shashi Bhushan Prasad Gupta, P.W.6 Hari Narayan Singh, P.W.7 Pravin Kumar Agrawal, P.W.8 Sanjay Kumar Jhabak, P.W.9 Patna High Court CR. APP (SJ) No.128 of 1999 dt.31-01-2012 4 Ashok Kumar Agrawal, P.W.10 Jai Chand Daga, P.W.11 Hari Ram, P.W.12 Raj Dev Singh, P.W.13 Rama Shankar Singh, P.W. 14 Sahdev Thakur, P.W.15 Saroj Devi, P.W. 16 Mool Chand Golchha, P.W.17 Motilal Agrawal, P.W.18 Satya Narayan Agrawal, P.W.19 Kriti Narayan Paswan, I.O. of the case. 7. Of them, P.W.1, 2, 5, 6, 8, 9, 10 and 11 are seizure list witnesses. Of them, P.W.1 and P.W.2 are for recovery of jewellery from accused-appellant Kamleshwari Yadav. P.W. 8 and P.W.11 are for recovery from accused- appellant Bachchu @ Jai Prakash Kurail. P.W.9 for recovery from Binod Kumar Sah. Articles recovered from appellants or other accused persons were put on T.I. Parade and some of the articles were identified also. On this point, P.W.12 is Raj Dev Singh, B.D.O., who conducted T.I. Parade and P.W.3 and P.W.18 are the witnesses who have identified some of the articles recovered from accused-appellant Kamleshwari Yadav as looted property. 8. It is submitted on behalf of the learned counsel and amicus curiae for accused-appellants Binod Kumar Sah and Bachchu @ Jai Prakash Kurail that the only material appeared in the case is recovery of Rs. 715/- and Rs. 430/- in cash from their possession which also was not identified in T.I. parade of articles conducted in the case and keeping of such amount is usual to commers also that never Patna High Court CR. APP (SJ) No.128 of 1999 dt.31-01-2012 5 can be connected as looted cash/articles. It is made clear that none of the accused-appellants or any one is named in the F.I.R. nor they have been p

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.