Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.32 of 1989 =========================================================== 1. BIRA CHOUDHARY SON OF SHIV PUJAN CHOUDHARY, RESIDENT OF VILLAGE- NARAINPUR, P.S.- BAGAHA, DISTRICT- WEST CHAMPARAN 2. LAL BABOO CHOUDHARY SON OF AMBIKA CHOUDHARY 3. DHRUB CHOUDHARY SON OF KARIMAN CHOUDHARY 2 & 3 RESIDENT OF VILLAGE- PIPARIA, P.S.- BAGAHA, DISTRICT- WEST CHAMPARAN ……………………………………...... .... APPELLANT/S VERSUS STATE OF BIHAR…………………………………………….. RESPONDENT/S WITH CRIMINAL APPEAL (DB) NO. 73 OF 1989 =========================================================== BIRENDRA CHOUDHARY SON OF LATE NANDAN CHOWDHARY @ NAMAN CHOWDHARY, RESIDENT OF VILLAGE- PIPARIA, P.S.- BAGAHA, DISTRICT- WEST CHAMPARAN……….... .... ……………... APPELLANT/S VERSUS STATE OF BIHAR……………………………………….... .... RESPONDENT/S =========================================================== Against the judgment of conviction and order of sentence dated 18th January, 1989 passed by Sri B. N. Singh, Sessions Judge, West Champaran, Bettiah, Camp court at Bagaha in Sessions Trial No. 174 of 1984. =========================================================== Appearance : For the Appellant/s : Mr. Yogendra Prasad Singh-I, Advocate Mr. Arun Kumar Advocate For the Respondent/s : Mr. Shiwesh Chandra Mishra, 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: 06-03-2012 Above noted both the appeals preferred by the above named appellants have been heard together because both the appeals have arisen out of common judgment of conviction and order of sentence dated 18th January, 1989 passed in Sessions Trial No. 174 of 1984 by the learned Sessions Judge, West Patna High Court CR. APP (DB) No.32 of 1989 dt.06-03-2012 2 Champaran, Camp Court at Bagaha by which the above named accused/appellants have been convicted under [STATUTE] and were sentenced to undergo rigorous imprisonment for life. Appellant Bira Chaudhary was further convicted under [STATUTE] and was sentenced to undergo rigorous imprisonment for ten years but both is sentences were ordered to run concurrently. 2. One Md. Ahamad Ansari (PW 6) gave his fard-beyan at 9.30 AM on 9.8.1981 for the occurrence of the mid night of 8/9.9.1981 in which dacoity was committed in the house of Mahadev Lohar and upon noise being raised by the informant, his brother and father Sadique Mian (deceased) and others the dacoits bounced upon the house of the informant and fired. The dacoits were numbering 14-15. Immediately after arrival of the dacoits the informant and others tried to escape but his brother Sah Md. Ansari entered inside the house, whereas, rest concealed themselves here and there. The informant and others were in southern room then the dacoits entered into the house through eastern door and started plundering the house hold articles. Shot fired by the dacoits proved fatal for Sadique Mian. The articles were looted from the houses of the informant as well as Mahadev Lohar (not examined). The fard-beyan (Ext. 5) resulted into registration of a case against unknown vide Laukaria P.S. Case No. 59 of 1981 (Ext. 6) under [STATUTE] and after investigation chargesheet was submitted. Some of the accused died Patna High Court CR. APP (DB) No.32 of 1989 dt.06-03-2012 3 or killed in police encounter and the appellants faced trial. With these appellants one Sheo Sagar Chaudhary was also put on trial but he was acquitted. In course of investigation inquest report, (Ext. 7) was prepared, post mortem examination report (Ext. 1) was obtained, injury report of Mahadev (Ext. 2) and injury report of Bachhi Devi (Ext. 2/1) was also obtained from the hospital. The appellants were put on test identification parade on 18.9.1981, 19.9.1981 and 26.10.1981 (Ext. 4/1), 4/2) and 4 respectively). The looted articles were put on test identification parade and test identification chart (Ext. 8) was prepared. Lal Babu Nonia @ Lal Babu Chaudhary was identified at the test identification parade by PW 3 Md. Habib and informant PW 6 Md. Ahmad Ansari. Appellant Dhrub Chaudhary was identified at the test identification parade by PW 2 Chandrika Sharma and informant Md. Ansari, whereas, appellant Bira Chaudhary was identified at the test identification parade by PW 2 Chandrika Sharma and PW 3 Md. Habib and informant PW 6 Ahmad Ansari. After framing of charge the trial proceeded and the defence of the accused persons was of false implication and also that before holding test identification parade the accused persons were shown to the witnesses so the identification parade was meaningless. Their further defence was that in a dark night it was not possible to identify the accused persons with the assistance of torches which the accused persons were carrying with them. 3. Before the trial court the prosecution has examined 13 Patna High Court CR. APP (DB) No.32 of 1989 dt.06-03-2012 4 witnesses. They are: Akhileshwar Prasad Mishra (PW 1), Chandrika Sharma (PW 2), Md. Habib (PW 3), Dr. Bishwanath Prasad (PW 4), Indrajeet Sah (PW 5), Ahmad Ansari the informant (PW 6), Raghunath Yadav (PW 7) is seizure witness, Jaganath Yadav (PW 8) is another seizure witness, Sri Jai Prakash Singh, the Judicial Magistrate (PW 9) who conducted the test identification parade, Bindeshari Prasad Baitha, the Judicial Magistrate (PW 10) who also conducted the test identification parade, Mohammad Arman (PW 11), Bageshwari Prasad Sinha (PW 12) and Md. Manir (PW 13). 4. PW 8 has been tendered. PWs 11 to 13 are formal witnesses. PW 4 has medically examined Mahadev and Bachhi Devi (both not examined) and PW 1 has conducted the autopsy upon the dead body of Sadique Mian. 5. The defence has examined one witness and has exhibited the application filed before the court on 8

Applicable IPC Section: 412

Statute Text:
Section 412 of the Indian Penal Code. Dishonestly receiving stolen property, knowing that it was obtained by Dacoity. Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, 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.