Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.259 of 2000 =========================================================== AGAINST THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 27.7.2000, PASSED IN SESSIONS TRIAL NO. 126 OF 1992, BY THE 4TH ADDITIONAL DISTRICT & SESSIONS JUDGE, SAMASTIPUR. =========================================================== Bhagwat Rai, Son of Mauraj Rai, Resident of Village Jitwarpur Nizamat, P.S. Samastipur Mufassil, District Samastipur. .... .... Appellant Versus The State of Bihar .... .... Respondent with Criminal Appeal (SJ) No. 271 of 2000 =========================================================== 1. Rama Nand Rai, Son of Ram Prit Rai. 2. Dinesh Rai, Son of Janak Rai. Both are residents of Village Jitwarpur Nizamat, P.S. Samastipur Mufassil, District Samastipur. .... .... Appellants Versus The State of Bihar .... .... Respondent with Criminal Appeal (SJ) No. 273 of 2000 =========================================================== 1. Sheo Lal Rai, Son of Bhagwat Rai. 2. Ruplal Rai, Son of Bhagwat Rai. Both residents of Village Jitwarpur Nizamat, P.S. Samastipur Muffasil, District Samastipur. .... .... Appellants Versus The State of Bihar .... .... Respondent =========================================================== Appearance : (In CR. APP (SJ) No. 259 of 2000) For the Appellant : Mr. Neeraj Kumar @ Sanidh, Amicus Curiae (In CR. APP (SJ) No. 271 of 2000) For the Appellants : Mr. Ashok Kr. Choudhary, Advocate Mr. Sita Ram Yadav, Advocate (In CR. APP (SJ) No. 273 of 2000) For the Appellants : Mr. Ashok Kr. Choudhary, Advocate Mr. Sita Ram Yadav, Advocate For the State in all appeals : Mr. Sujit Kumar Singh, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL JUDGMENT Patna High Court CR. APP (SJ) No.259 of 2000 dt.29-11-2012 2 / 8 2 Date: 29-11-2012 S.A. Khan, J. Heard learned counsel for the appellants in Cr. Appeal (SJ) No. 271 of 2000 and Cr. Appeal (SJ) No. 273 of 2000. Nobody appears for the appellant in Cr. Appeal (SJ) No. 259 of 2000. Mr. Neeraj Kumar @ Sanidh is appointed as Amicus Curiae in this case. Counsel for the State is present. 2. These three appeals have been disposed by a common judgment passed by the Trial Court. Learned counsel appearing on behalf of the appellants in Cr. Appeal (SJ) No. 271 of 2000 and Cr. Appeal (SJ) No. 273 of 2000 submits that he has information to state that Bhagwat Rai, appellant of Cr. Appeal (SJ) No. 259 of 2000 has died during pendency of the case. The Trial Court is directed to ascertain this fact. In case the Trial Court comes to the conclusion that Bhagwat Rai has died, the appeal against him would abate, if not, he will be covered by the judgment and order passed by this Court in these appeals. 3. The appellants have been found guilty under [STATUTE] and have been sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 5,000/- each, in default of which to undergo further R.I. for one year. They have also been sentenced to undergo R.I. for two years under [STATUTE] and one month under Section 341 of the Indian Patna High Court CR. APP (SJ) No.259 of 2000 dt.29-11-2012 3 / 8 3 Penal Code. Appellants Roop Lal Rai, Dinesh Rai and Sheolal Rai have further been sentenced to undergo R.I. for three years under [STATUTE] . Bhagwat Rai has been convicted under [STATUTE] but no separate sentence of punishment has been passed. 4. I may mention at the very out set that the judgment delivered by the Trial Court has not discussed or analyzed the evidence and the appellants were found guilty by a cryptic judgment. 5. Shortly stated the prosecution case is that Laxmi Rai who was walking along with his wife and minor son aged about 12 years, was assaulted on 3.6.1991 near Durga Asthan Chowk at the R.P.F. Colony. He instituted his Fardbeyan on 4.6.1991 at the hospital alleging therein that at about 10.30 in the morning while he was crossing the Chowk to take his son for treatment, the appellants surrounded him and assaulted with an iron rod. He received injuries on his hands, legs and back etc. It is further stated that his wife and son ran away and hid themselves behind one of the houses in the colony and watched the entire episode. It is alleged against Roop Lal that he took away his H.M.T. watch and the cycle was stolen by Sheo Lal Rai. It is said that several witnesses i.e. Ram Chandra Rai, Ramakant Rai, Mahendra Rai and Sri Narayan Rai have witnessed the occurrence. The motive for the occurrence is that the appellants have Patna High Court CR. APP (SJ) No.259 of 2000 dt.29-11-2012 4 / 8 4 been made accused in a case filed by his wife wherein it is alleged that the appellants had assaulted his wife, Sunaina Devi. 6. The judgment of the case instituted by Sunaina Devi has been marked as Ext. B which would disclose that the reason for the occurrence is a land dispute between the parties. 7. The main issue raised in this case is that there is an unexplained delay in lodging the First Information Report and that the witnesses to the occurrence have not been examined. It is further submitted that there are contradictions regarding manner of occurrence in the evidence of the informant, his son and wife who have been examined as P.Ws. 2, 3 and 4 in this case. As per the submission on behalf of the appellants, the prosecution has failed to prove that the appellants were responsible for stealing the watch and the cycle of the informant. A defence has been raised that this case has been instituted because of previous enmity and that the appellants were not responsible for the injuries inflicted on the informant. 8. P.W. 1 and P.W. 7 are formal witnesses who have proved the Fardbeyan and the discharge slip. This Court will begin with the evidence of the doctor. It would appear from perusal of the evidence of P.W. 5 that there

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.