MANOHAR GOPE Vs. STATE OF BIHAR

JUDGEMENT

(1.) WHILE Krishna Murari Prasad, P.W. 3, was to close down shutter of the cloth shop at about 8 P.M., 10/12 persons gained access in the shop and coercing house inmates, removed ornaments, watches, clothes, boxes containing valuable documents, cash etc., of value Rs. 9, 600/ - and decamped with the booty. Prosecution was launched on behest of said Krishna Murari Prasad, P.W. 3, pursuant to which investigation commenced, during which Police Officer apart from recording statement of witnesses, and visiting place of occurrence, allegedly made recovery of part of the booty also from the houses of Bholi Mahto alias Baliram Mahto and also Jagat Singh, one of the appellants. The Police also made seizure of broken boxes from a place near Mahuatree and also a pair of sandal from the place of occurrence probably that of the miscreants. During investigation, Bholi @ Baliram Mahto who was apprehended with fire arm was put on test identification parade when he was identified by Krishna Murari Prasad, Pramod Kumar, Bhola Prasad and Srikant Prasad, and Police on conclusion of investigation laid chargesheet before the court, against the appellants and Bholi Mahto alias Baliram Mahto. The said Bholi Mahto alias Baliram Mahto during pendency of appeal however, jumped bail and eventually was reported to be dead, and Cr. Appeal No. 2 of 1992, as such abated as against him and other two appeals being Cr. Appeal Nos. 78 of 1991. and 90 of 1991 survived for consideration.

(2.) IN the eventual trial, that commenced, the State examined altogether 10 witnesses who were shopkeepers, customers, the Police Officer, Judicial Magistrate who held test identification proceeding of the suspects and also Anchal Adhikari who conducted test identification of the articles shown to have been seized from possession of one of the appellants.

(3.) THE defence of Jogi Gope and Manohar Gope who are appellants in Cr. Appeal No. 78 of 1991 was that since they had carried some materials on horse cart to the shop, there had been dispute for carriage charges with the shopkeepers. The defence of appellant Jagat Singh was that of plain innocence and other defence was that cashmelon shawl shown to have been seized from his house was a common article which was available in open market. The trial court, however, though acquitted four persons including Sheela Devi, Ashok Sonar, Genauri Mahto, Shaheb Mian of the charges, recorded finding of guilt under Section 395 of the Indian Penal Code against appellants and Bholi Mahto alias Baliram Mahto and sentenced them to suffer rigorous imprisonment for a term of seven years. Jagat Singh and Bholi Mahto alias Baliram Mahto suffered conviction also under Section 412 of the Indian Penal Code for which they were sentenced to suffer rigorous imprisonment for a term of seven years with a direction that both the sentencs shall run concurrently.