MUNESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order of conviction and sentence passed by the 6th Additional Sessions Judge, Camp Court at Chas, in Sessions Trial No. 208/ 85, whereby and whereunder, he convicted the appellant under Sec. 412, I.P.C. and sentenced him to undergo rigorous imprisonment for a period of 6 six years.

(2.) THE accused -appellant was charged under Sec. 412, I.P.C. on the ground that four tyres belonging to Devendra Singh alias Chiku (P.W. 8), which were looted property of the alleged dacoity which took place in his shop, were recovered from his possession, inasmuch, as one tyre was recovered from his possession when he had gone to sell that tyre to Jeetan Choudhary (P.W. 9) and he had disclosed to him as also to P.W. 8 that he is keeping three more tyres in his house and the matter was informed to the police, who came at the shop of Jeetan Choudhary and the tyre brought by the appellant Muneshwar Yadav was produced by Jeetan Choudhary before the I.O., who prepared production -cunl -seizure list (Exhibit -4/2) and arrested the appellant, who confessed before the police that he is keeping three more tyres in his house and in presence of the witnesses three tyres were recovered from the house of the accused which were kept concealed in the courtyard beneath the heap of straw and on his pointing out, the police recovered those three tyres. After completing the investigation, the police submitted charge -sheet against the appellant under Sec. 412, I.P.C. on the basis of which cognizance was taken and the case was committed to the Court of Session along with other accused against whom the police had submitted charge -sheet under Secs. 395/412, I.P.C.

(3.) THE trial Judge framed charge against the appellant under Sec. 412, I.P.C. to which he pleaded not guilty and claimed to be tried and his defence is the complete denial of the alleged occurrence.