Case Facts:
Patna High Court G. APP. (DB) No.32 of 1989 dt.18-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Govt. Appeal (DB) No.32 of 1989 ========================================================= This appeal is directed against the judgment of acquittal dated 28th January, 1989 passed in Sessions Trial No. 364 of 1985 / 10 of 1985 by Shree Md. Quamrul Hoda, 4th Additional Sessions Judge, Patna ========================================================= The State Of Bihar……………………………………...... .... Appellant/s Versus 1. Rupan Rai son of Ramashray Rai 2. Supan Rai son of Ramashray Rai 3. Sudarshan Rai Son of Supan Rai 4. Ravindra Rai son of Supan Rai 5. Sri Ram Rai son of Supan Rai 6. Triloki Rai son of Supan Rai 7. Jalandhar Rai son of Supan Rai All resident of village- Nakta Diara, P.S.- Digha, District- Patna .... .... Respondent/s ========================================================= Appearance : For the Appellant/s : Mr. Abhimanyu Sharma, APP For the Respondent/s : None ========================================================= CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 18-09-2012 This appeal has been filed against the judgment dated 28th January, 1989 passed in Sessions Trial No. 364 of 1985 / Tr. No. 10 of 1985 by the learned 4th Additional Sessions Judge, Patna whereby the respondents above named have been acquitted from the charges framed under [STATUTE] . 2. Mr. Abhibmanyu Sharma learned counsel representing the State is present. No one appears on behalf of Patna High Court G. APP. (DB) No.32 of 1989 dt.18-09-2012 the respondents. 3. This appeal is being disposed of after hearing the learned counsel for the State and on perusal of lower court records as well as the impugned judgment. 4. On 12.8.1983 written report to Digha Police Station was given by Ram Sajiban Rai wherein it was alleged that Gopal Rai went with Supan Rai and Rabindra Rai on 30th July, 1983 for doing business. Gopal Rai did not return. At the time of leaving the house Gopal Rai was having Rs. 12000/-. The informant along with Ramashish Rai went to Nakta Diyara and inquired from Supan Rai and Rabindra Rai about his son Gopal Rai but they demanded Rs. 30,000/- and stated that if the amount was not given, then Gopal Rai would be done away. Gopal Rai became traceless and the informant suspected that he might have been killed by Supan Rai, Rabindra Rai, Triloki Rai and Shree Ram Rai. Upon the aforesaid information, Digha P.S. Case No. 229 dated 12.9.1983 was registered under [STATUTE] and after investigation chargesheet was submitted. Accordingly, cognizance was taken and the case was committed to the court of Sessions where charge under [STATUTE] was explained to all the accused persons on Patna High Court G. APP. (DB) No.32 of 1989 dt.18-09-2012 14th December, 1989. The accused pleaded their innocence and trial proceeded. 5. In course of trial the prosecution has examined Ramashankar Rai (PW 1), Brijnandan Rai (PW 2), Laxman Rai (PW 3), Radhe Rai (PW 4), Rajendra Rai (PW 5), Vishwanath Rai (PW 6), Ramjanam Rai (PW 7), Ramashish Rai (PW 8), Ram Sajiva Rai (PW 9), Lilawati Devi (PW 10), Satya Narain Rai PW 11), Mangal Rai (PW 12), Jagdish Rai (PW 13), Ram Ayodhya Rai (PW 14), Gyani Rai (PW 15), Balkeshwar Prasad (PW 16) and Baijnath Rai (PW 17). 6. The prosecution has exhibited some documents which are: endorsement of the fard-beyan (Ext. 1), signature of Officer In-charge on FIR (Ext. 2), search list (Ext. 3), injury report (Ext. 4 to 4/1), FIR Ext. 5. Fard-beyan (Ext. 6). Certified copy of judgment of Trial No. 692 of 1988/Trial No. 30 of 1985. Certified copy of order sheet was exhibited on behalf of the prosecution. 7. No defence witness was examined but for showing enmity defence exhibited notice issued under section 107 of the Cr.P.C. (Ext. A and A/3). Judgment dated 11.2.1983 (Ext. B) chargesheet (Ext. C), certified copy of judgment passed in GR No. 692 of 1980/Tr. No. 30 of 1985 (Ext. 1) and certified copy of ordersheet of GR. No. 1692 of 1980/Tr. 30 of 1985 (Ext. D.) Patna High Court G. APP. (DB) No.32 of 1989 dt.18-09-2012 8. After conclusion of the evidence, statement under section 313 Cr.P.C. was recorded and the Trial Court found some inherent defect in the prosecution case, and so, order of acquittal was passed. 9. The alleged occurrence was of 30th July 1983 and PW 2 Brijnandan Rai has seen Gopal Rai moving in the company of Supan Rai 4-5 weeks prior to 11.8.1983. This witness was co-accused in criminal case with two prosecution witnesses, namely, Rajendra Rai and Biswanath Rai PWs 5 and 6 respectively who were full brothers and are related with the informant. PW 4 Radha Rai has stated that he has seen Gopal Rai with Supan Rai in a feast at 7 to 8 PM which was arranged on Shrad. Subsequently rumor spread that Gopal Rai was killed by Supan Rai. The dead body of Gopal Rai was identified by means of Gamcha. Other means of identification was not on records. The Investigating Officer deposed that skull found was of without face and identity of the deceased could not be established. The strong defence is that the corpus was of others and it was unidentifiable and identification by means of plain Gamcha whose colour has also not been detailed has no means or of no use of the prosecution. 10. Once identification of the dead body was Patna High Court G. APP. (DB) No.32 of 1989 dt.18-09-2012 disputed, then it was deemed that other incriminating materials were of no use. Because the definite the case of the prosecution was of killing of Gapal Rai but in absence of fact that the identification of corpus was not established, the trial court has noted that the evidence was not up to mark. 11. Another argument made by the prosecution was of injuries from the person of accused Sukhari Rai a

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.