BABLU DUTTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the appeals arise out of the same judgment of conviction, dated 13.9.2001 and order of sentence dated 18.9.2001 passed by Sri William Minj, 1st Additional District & Sessions Judge, Bokaro at Chas in Sessions Trial No. 173 of 2000.

(2.) Both the appeals are directed against the judgment of conviction dated 13.9.2001 and order of sentence dated 18.9.2001 passed by Sri William Minj, 1st Additional District & Sessions Judge, Bokaro at Chas in Sessions Trial No. 173 of 2000, by which judgment he found the appellants, Bablu Dutta and Kalim Ansari (Cr.Appeal No. 443/2001) guilty under Section 412 of the Indian Penal Code and sentenced them to undergo R.I. for 10 years and also found the appellant, Jamal (2) Jamaluddin Ansari (Cr.Appeal No. 463/2001) guilty under Section 395 of the Indian Penal Code and sentenced him to undergo R.I. for 10 years.

(3.) It is submitted by the learned Counsel for the appellants that although the Investigating Officer has proved the seizure of ambassador car, which is said to have been used during dacoity and has also proved the seizure-list of the recovered notes and other, documents from the possession of accused-appellant, Bablu Dutta and Kalim Ansari, but the said notes were not put on T.I. Parade, and T.I. Parade of the said accused persons which was conducted by Judicial Magistrate, 1st Class, Bokaro, was also not proved nor the T.I. Parade of the ambassador car which was conducted by the Block Development Officer was proved in Court and as such in absence of proof of T.I.P. Chart they cannot be relied by the Court and hence the conviction of the appellant is bad and fit to be set aside.