Criminal Appeal (SJ) No. 363 of 1998 Against the judgment of conviction and order of sentence dated 29th August, 1998 passed by Sri Yogendra Prasad, learned Additional Sessions Judge, Gaya in Sessions Trial No. 83/96/420/96. 1. Rajendra Paswan son of Muni Paswan. 2. Ragho Paswan son of Ram Lagan Paswan. 3. Amendra Paswan son of Bhikhari Paswan. Residents of village-Kamaldah, police station-Paraia, District- Gaya (Bihar). .... .... Appellants. Versus The State of Bihar ….Respondent. For the Appellants : Mr. Krishna Pd. Singh, Sr. Advocate. Mrs. Meena Singh, Advocate Mr. Mithilesh Kumar, Advocate. Mr. Rakesh Singh., Advocate. For the State : Smt. Reena Sinha, A.P.P. *********** P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard learned counsel for the appellants and learned counsel for the State. 2. The appellants have been convicted under Section 412 I.P.C. and sentenced to undergo rigorous imprisonment for 10 years. 3. The prosecution case as alleged by the informant is that on 2 04.10.1994, 11 persons came and committed dacoity and they demanded rifle claiming six to be a man of parties and they assaulted his wife causing injury and looted properties by the dacoits. On the fard beyan, F.I.R. was lodged and after investigation charge-sheet was submitted. During the trial six witnesses were examined on behalf of the prosecution, 3 witnesses examined on behalf of Court witness and after considering the evidence, the trial Court acquitted the appellant of charge under Sections 395 and 397 I.P.C. However, convicted the appellants for offence under Section 403 I.P.C. 4. The learned counsel for the appellant, however, contended that there is neither any seizure, any T.I. Parade nor any article has been produced in the Court as looted article nor any witness has identified the looted article. The conviction has been recorded on the basis of an observation in the bail order of the Hon’ble Court passed in Cr. Misc. No. 7037/96 that some stolen articles recovered from the possession of 3 the accused Rajendra Paswan and Amendra Paswan have been identified by the family members of the informant at T.I. Parade. 5. From the perusal of the entire record I found the seizurelist proved in this case is with regard to seizure in Paraiya P.S. Case Nos. 39/95, 40/95 and 41/95 which has been marked as Exhibit 5 and 6 series the T.I. Chart proved in this case is with regard to the occurrence in connection with Paraiya P.S. Case Nos. 39/95, 40/95 and 41/95 whereas at present case arises out of Paraiya P.S. Case No 68/94. Hence there is no relevance of the seizure list or T.I. Chart with regard to the offence in Paraiya P.S. Case Nos. 39/95, 40/95 and 41/95 the article seized in connection with Paraiya Case Nos. 39, 40 & 41/95 has got no relevance in the present case. Moreover even the article looted in those case has neither been produced nor been proved by witness that those were the article looted from their home which was recovered from the house of appellant. However, those documents which have been proved in the 4 case and evidence of any Judicial Magistrate having conducted T.I. Parade in connection with those cases are not relevant. However, there is no evidence that any article was seized with regard to dacoity committed in this case. There is no evidence at all about the seizure list of articles with regard to the articles looted by the dacoit in this case. There is no evidence of T.I. Parade, being conducted no-T.I. Chart has been proved with regard to any articles seized in regard to this case and no evidence that any article was produced before the Court below claimed to have been looted in dacoity nor any evidence that any article looted in the dacoity was proved to be in possession of the appellant in connection with this case nor any witness identified those articles in Court that they were articles looted during the dacoity. Hence virtually, there is no evidence against the appellant for conviction u/s 412. Hence conviction cannot be recorded on the basis of any observation made during the bail petition by High Court during the investigation and hence 5 the order of conviction and sentence recorded by the trial Court, the appeal allowed. (Gopal Prasad, J.) Patna High Court, Patna. Dated, the 6th September, 2011. N.A.F.R./Kamlesh