Criminal Appeal (SJ) No. 228 OF 1994 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ Ramanuj Prasad Singh @ Dara Singh, S/o Kasi Prasad, R/o Village-Daulachak, P.S.-Giriyak, District-Nalanda. ……(Appellant) Versus THE STATE OF BIHAR-------(Respondent) with CR. APP (SJ) No. 245 OF 1994 1. Binod Mahuri, S/o Munshi Mahuri. 2. Mohan Singh, S/o Lukhari Singh. 3. Mathura Paswan, S/o Sri Somar Paswan. All R/o Village-Pokharpur, Police Station-Giriyak, District-Nalana. ---------------Appellants. Versus THE STATE OF BIHAR------(Respondent) with CR. APP (SJ) No. 239 OF 1994 Abhinandan Singh, S/o Late Shaligram Singh, R/o Village- Keshopur, Police Station-Hilsa, District- Nalana….(Appellant) Versus THE STATE OF BIHAR-----(Respondent) ************* For the Appellants : Mr. Alok Kumar Sinha-I, Adv. : Mr. Bhola Kumar, Adv. For the State : Mr. A.M.P. Mehta, APP. : Mrs. Veena Kumari Jaiswal, APP. *************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. The appellants have been convicted under Section 412 IPC and sentenced to six years RI by the 9th Additional Sessions Judge, Gaya by a judgment dated 19.07.1994 in S.Tr. No. 3 of 1992/78 of 1992. The case of the prosecution is that a truck of Bharat Roadways Transport, Patna had left from Calcutta to Patna loaded with tyres but the same 2 became traceless and later was found abandoned on the GT Road. P.W. 1 learnt that the Driver and Khalasi had been murdered and the tyres had been looted away by unknown miscreants. During trial the prosecution examined twenty two witnesses the analysis of which is being given below. P.W. 1 is the Manager of the Bharat Roadways Transport at Patna who has deposed about the factum of occurrence and that he had learnt that the truck bearing No. BPL 7486 and BPM 6168 were fitted with looted tyres of which information was given to the City SP, Patna. He learnt that the looted tyres were kept in the godown of Binod Mahuri upon which the godown was raided but no tyres were found there. P.W. 3 and P.W. 4 have been declared hostile. P.W. 5 is tendered and P.W. 8 has identified the signature of the BDO on the Test Identification Parade which were Exhibit-5. P.W. 7 has also been declared hostile. P.W. 8 has deposed that the left tyre of truck No. BPL 7486 had been taken out in front of him on 24.12.1990. P.W. 9 has stated that he was the BDO of Amas Block four Dunlop tyres were got identified by witnesses, Deva Prasad Trivedi and Shiv Lakhan Pandey and both of them identified the four tyres. P.W. 10 is Shiv Lakhan Pandey who said to have identified the tyres in the Test Identification Parade. P.W. 11 is the Judicial Officer who 3 had recorded the statement of Chandrika Prasad Singh under Section 164 Cr.P.C. as well as that of Chotte Lal Pandit. P.W. 12 is a seizure witness on the point of recovery of some jute bags. P.W. 13 is hostile whereas P.W. 14 has proved a sanha diary entry. P.W. 15, Deva Prasad Trivedi is on the point of loading of the tyres on the truck and recovery of the articles allegedly belonging to the deceased. He further deposed that he had found the same tyres in the godown of Binod Mahuri. Further he deposed that two tyres were seized in his presence from BPL 7486 and three tyres from BPM 6168 as also one tyre on 7375 and 9415. He had identified the four tyres in the Test Identification Parade. P.W. 16 is the part Investigating Officer who is said to have searched the owner of BPL 7486 and BPM 6168 and arrested Abhinandan Singh being Manager of BPL 7486. P.W. 17 is the next Investigating Officer and searched the tyres of BPM 6168 and seized the same he also checked the tyres of 7355 as also that of BMT 5545. He also seized clothes of two deceased and he got the identification of the tyres conducted through the BDO. P.W. 18 has deposed about change the tyres of truck No. BPL 7486 at the behest of appellant Abhinandan Sharma. P.W. 19 is formal in nature whereas P.W. 2 is on the point of seizure two tyres from BPL 7486. P.W. 21 has proved 4 the Forensic Science Report whereas P.W. 22 is the Investigating Officer. On going through the evidence on record, I find that there is total lack of any material in support of the fact that the appellants were found in possession of stolen property and, therefore, the conviction under Section 412 IPC is completely unwarranted. In the result, the appeals are allowed and I set aside the judgment dated 19.07.1994 passed by 10th Additional Sessions Judge, Gaya in S.Tr. No. 03 of 1992/78 of 1992. The appellants are discharged of the liability of their bail bonds. The appeals stand allowed. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 6th April, 2011. NAFR/Vikash/-