SANJAY KUMAR @ MUNNA Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these three appeals have been heard analogous as arise out of the common judgment dated 18.3.1989 passed by the then 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 53 of 1988 convicting the appellants under Section 395 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for eight years. The accused-appellants although were charged under Section 412 of the Indian Penal Code but the said charge could not be proved beyond all reasonable doubt and, as such, they have been acquitted of that charge.

(2.) The prosecution case, in brief, is that on 5.11.1986 at about 7.30 p.m. a dacoity was alleged to be committed at the official residence of Kanij Fatma the principal of the girls training college of Muzaffarpur. It was also alleged that valuables like transistor, television with some ornaments had been looted away by the dacoits. When a hulla was raised at the place of occurrence and the neighbouring people gathered, all the accused persons fled away. It is further alleged that on chase the accused-appellant Rajdeo Ram was caught red-handed having a rolled gold chain in his possession alleged to be the booty of the dacoity but that chain was neither handed over to the police nor the same was being identified as booty of the dacoity. Information was lodged by the principal herself on that very night at about 8.30 p.m. Except the accused-appellant Rajdeo Ram none other appellants were named in the fardbeyan.

(3.) On the basis of that fardbeyan, a case was registered and investigation held. During the course of investigation, other accused-appellants had also been apprehended and it is stated that some booties have been recovered from the possession of some of the accused-appellants. Those three accused-appel- lants had also been put on test identification parade by two Judicial Magistrates and that those appellants were identified in course of test identification parade. After closure of the investigation, charge-sheet was submitted against all the accused-persons under Section 395/412 of the Indian Penal Code.