GANPAT BAWRI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal arises against the judgment of conviction dated 15.03.2012 and order of sentence dated 17.03.2012 passed by Shri Anil Kumar Singh, XIth Additional Sessions Judge, Saran, in S. Trial No. 230 of 2009 (arising out of Jalalpur P.S. Case No. 54 of 2008 corresponding to G.R. No. 2595 of 2008) by which the appellant had been convicted for offence under Sec. 395 of Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and payment of fine of Rs. 5,000/ -. Further he had been convicted for offence under Sec. 412 of Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and payment of fine of Rs. 5,000/ - and for non -payment of fine further sentenced to undergo imprisonment for one year. It has further been ordered both the sentences were to run concurrently. However, the appellant had been acquitted from the charge for offence under Sec. 397 of Indian Penal Code.

(3.) The prosecution case as alleged in the First Information Report by the informant Parmeshwar Prasad alleging there in that on 04.09.2008, he closed his jewellery shop at 7.00 P.M. as usual and went to his house. In the night intervening between 04.09.2008 to 05.09.2008 at half past twelve, he was informed by one Sunil Kumar from the telephone booth that some criminals have broken the lock of his shop and had committed dacoity and also disclosed that the police was also informed. On getting the said information, the informant proceeded and reached at his shop then found that lock of his shop was broken and articles of the shop have ransacked. It is further alleged that after broken the lock of the shop, the criminal looted the jewellery which contained Ring, Jumphka, Jhala, chain as well silver ornaments. During dacoity, on information police also reached at the spot. The police had caught hold of one criminal and on enquiry he disclosed his name as Ganpat Bawri and also disclosed names of his associates who participated in the occurrence as Ram Singh, Mulchand Babri, Radhe Shyam Babri, Lakhan Babri, Ram Paul Babri, Ram Kishore Babri, Kailash Babri, Mangal Babri, Gulab Devi and Parwati Devi. He also disclosed that both the ladies Gulab Devi and Parwati Devi first came to the shop as a customer and after seeing the articles intimated other male members who had committed dacoity. However, other eight persons managed to flee away when the police came at the time of occurrence. Further case is that three police officers were found in injured state and when the police reached at the place of occurrence accused persons started firing at the police party and managed to escape, but one person was caught who disclosed his name as Ganpat Bawri and from search of the accused person two loaded pistols, nine cartridges and looted articles recovered. After recovery, the police prepared seizure list of seized articles. Further case is that people disclosed that one criminal had also been injured by the police firing but his associates manage to take him away. It is further alleged that after looting the shop of the informant accused persons also broken the lock of the shop of one Kanhaiya Lal, but since the police reached at the place of occurrence they could not loot the shop of Kanhaiya Lal.