Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.368 of 2000 =========================================================== AGAINST THE JUDGMENT OF CONVICTION DATED 6.9.2000 AND ORDER OF SENTENCE DATED 7.9.2000, PASSED BY THE 1ST ADDITIONAL SESSIONS JUDGE, DARBHANGA IN SESSIONS TRIAL NO. 281/1994. =========================================================== 1. Ghuran Paswan, Son of Ram Khelawan Paswan. 2. Ram Chandra Paswan. 3. Ram Narain Paswan, Both sons of Kirai Paswan. 4. Ram Lakhan Sah, Son of Baijnath Sah. 5. Shankar Paswan, Son of Saryug Paswan. 6. Suresh Paswan, Son of Sikho Paswan. All residents of Village Sajanpura, P.S. Bahera, District Darbhanga. .... .... Appellants Versus The State of Bihar .... .... Respondent with Criminal Appeal (SJ) No. 397 of 2000 =========================================================== 1. Ram Prit Paswan. 2. Ram Prakash Paswan, Both sons of Chalitar Paswan. 3. Chalitar Paswan, Son of Late Jhalo Paswan. Resident of Village Sajanpura, P.S. Baheri, District Darbhanga. .... .... Appellants Versus The State of Bihar .... .... Respondent =========================================================== Appearance : (In CR. APP (SJ) No. 368 of 2000) For the Appellants : Mr.Uma Kant Shukla, Advocate Mr. Shakti Suman Kumar, Advocate (In CR. APP (SJ) No. 397 of 2000) For the Appellants : Mr. Ram Bali Jha, Advocate For the State in both appeals : Ms. Abha Singh, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL JUDGMENT Date: 08-10-2012 S.A. Khan, J. Learned counsels appearing on behalf of the appellants in Cr. Appeal (SJ) No. 368 of 2000 and Cr. Appeal (SJ) No. 397 of 2000, on the basis of oral instructions, submits that Patna High Court CR. APP (SJ) No.368 of 2000 dt.08-10-2012 2 / 8 2 appellant Ghuran Paswan and Ram Prit Paswan have died during the pendency of these appeals. This Court instead of keeping the appeals pending for confirmation of this fact orders that the Trial Court will enquire into this aspect of the matter through the concerned police station. In case the two aforesaid appellants have died, the appeals against them shall stand abated. In case they are alive, they will be covered by the judgment to be delivered in this case. 2. The appellants of Cr. Appeal (SJ) No. 397 of 2000 have been found guilty for offences under [STATUTE] and have been sentenced to undergo R.I. for six months for each of the offences. They have further been found guilty for offence under [STATUTE] and have been sentenced to undergo R.I. for one year. It was ordered that all the sentences shall run concurrently. 3. The appellants of Cr. Appeal (SJ) No. 368 of 2000 have been found guilty for offences under [STATUTE] and have been sentenced to undergo R.I. for two years and five years respectively. They have also been found guilty under Sections 3 and 4 of the Explosive Substance Act and have been sentenced to undergo R.I. for seven years. 4. The prosecution case according to Pawan Kumar Patna High Court CR. APP (SJ) No.368 of 2000 dt.08-10-2012 3 / 8 3 Singh who has instituted the Fardbeyan is that on 8.4.1993 he was going to the field to ease himself at about 6 A.M. When he reached near the field of Ram Bilash Singh, he saw that there was several labourers present cutting the wheat crop of Ram Bilash Singh. In the meantime, it is said that the named accused persons came to the place of occurrence. The occurrence is divided into two parts. The first part of the occurrence is that the accused of Cr. Appeal (SJ) No. 397 of 2000 came out of their house and threw bombs which injured the informant and one Ashok Kumar Singh. After that it is alleged that the labourers of Ram Prit Paswan came to the field of Ram Bilash Singh and began to cut the wheat crops, tied them in bundles and took them away. Among the labourers, the informant identified the appellants of Cr. Appeal (SJ) No. 368 of 2000. It has further been stated in the First Information Report that Chalitar Paswan set fire to his own hut in order to implicate the informant and others. 5. The defence on behalf of the accused of Cr. Appeal (SJ) No. 397 of 2000 is that Ram Bilash Singh along with his labourers etc. and the informant had set fire to the house of Chalitar Paswan and looted his house which resulted in a case being instituted by them. The defence of the appellants of Cr. Appeal (SJ) No. 368 of 2000 is that infact there was no occurrence of loot of the crop from the field of Ram Bilash Singh. This case has been Patna High Court CR. APP (SJ) No.368 of 2000 dt.08-10-2012 4 / 8 4 instituted as a counter case in order to make out a defence. 6. The points raised on behalf of the accused is that the case under [STATUTE] is completely false. It is not possible to harvest 17 to 18 Kathas of land even if, there are 60 or 70 labourers working and present. It is also very doubtful that the accused could have collected so many labourers, and as such the entire case is unbelievable. It has been argued that the appellants have been made accused in this case because they happened to belong to the same caste as Ram Prit Paswan with whom there is a dispute regarding title and possession over the said piece of land. Learned counsel appearing on behalf of Ram Prit Paswan and others argues that that the informant and Ashok Kumar Singh are not relatives of Ram Bilash Singh and as such they could have not been any intention under [STATUTE] to do away with the life of these two persons. It is further submitted that Ram Prit Paswan has a valid title and possession over the land and it was Ram Bilash Singh who tried to disturb the possession and in that context he is responsible for looting and setting fire to the house of Chalitar Paswan and making out completely false case of loot of wheat from the

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.