DEVENDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these three appeals are being disposed of by this common judgment as they arise out of the same judgment.

(2.) THE appellant in Criminal Appeal No. 309 of 1999, namely, Devendra Mishra has been convicted under section 399 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. The appellant in Criminal Appeal No. 312 of 1999 and criminal Appeal No. 313 of 1999, namely, Ajay Kumar Mahto and Amar Nath Choudhary have been convicted under section 396 of the Indian Penal Code read with section 25 (1) (a) of the Arms Act and have been sentenced to undergo rigorous imprisonment for life under section 396 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for two years under section 25 (1) (a) of the Arms Act. All the sentences were ordered to run concurrently.

(3.) ON the basis of the written report of the informant a case under section 395/ 397 of the Indian Penal Code was registered but later on the case was converted under section 396 of the Indian Penal Code because the Chaukidar died after the occurrence. In course of investigation, the looted gun was recovered by the police from accused Munna Mian and after completing the investigation chargesheet was submitted against the seven accused by showing Jagjeet Jha as absconder under sections 396 and 412 of the Indian Penal Code and the learned Magistrate took cognizance in the case which was committed to the Court of Sessions for trial. It may be pointed out here that accused Bhagwan Jha and Rajesh Gupta against whom chargesheet was submitted absconded, so, they did not face the trial. The remaining five accused faced the trial and the trial Court acquitted accused Jagjeet Jha of the charges under sections 399 and 120 - B of the Indian Penal Code. Accused Munna Mian, who faced the trial, was also convicted by the trial Court under sections 396 and 412 of the Indian Penal Code but he did not prefer any appeal against the order of conviction and sentence recorded against him.