RAMASHISH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE above named appellant has preferred this appeal against the judgment of conviction and order of sentence dated 28-6-1993 passed by the 2nd Additional Sessions judge, Sitamarhi in Sessions trial No. 134 of 1986 whereby the appellant was found guilty for the offence under S. 411 of the Indian Penal Code and was sentenced to undergo R. I. for two years.

(2.) EXHIBIT-3 is the fard beyan which is the basis of prosecution case. According to it the informant P. W. 7 received information at 6. 30 a. m. on 6-8-1983 that one person had gone Janta Watch and Company, sonbarsa for selling. A Sanaha entry No. 90 dated 6-8-1983 was recorded. P. W. 7 along with S. I. M. P. Thakur (not examined) and a. S. I. G. P, Choudhary (not examined) proceeded for that place. As soon as they reached near the Janta Watch Company one person was noticed who tried to escape but he was caught. He disclosed himself as the appellant, In course of search of the appellant in presence of two witnesses one HMT janta Watch of 17 Jewels being No, 14041 with steel chain was recovered from the pocket of the appellant, A seiiure list was prepared and a copy of which was given to the appellant. It was signed by the two witnesses who was present there. No satisfactory reply about the watch Was given by the appellant. On inquiry proprietor of Janta watch Company informed. that the accused has desired to sell watch for Rs. 100/ -. But he did not purchase because he suspected that it could be stolen property. On the basis of fard beyah (Ext. 3) a formal FIR: (Ext-2) was registered vide Sonbarsa P. S. Case no. 64 dated 6-8-1983 was instituted. After investigation charge-sheet was submitted under S. 412, I. P. C. Cornizance was taken and the case was committed to the Court of sessions. Charges were framed under S. 412, I. P. C. The appellant pleaded innocence and preferred to face trial.

(3.) THE defence of the appellant was of false implication and that the alleged watch was not seized from his possession. He is being Implicated on account of enmity.