GANESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The jail appeal was argued by Sri Rakesh Kumar Sinha was appointed as amicus curie by the Court earlier.

(2.) The appeal is directed against the judgment of conviction dated 17th July, 2001 and order of sentence dated 19th July, 2001 passed by Sri Kedar Nath Sah, 8th Additional District & Sessions Judge, Palamau, Daltonganj in Sessions Trial No. 332 of 1988, by which judgment he found the appellant, Ganesh Singh guilty under Sections 399/402 of the Indian Penal Code and sentenced him to undergo R.I. for 5 years under Section 399 of the Indian Penal Code. However, no separate sentence was passed under Section 402 of the Indian Penal Code, but the same judgment he acquitted the other accused persons, namely, Anil Ram, Gulten Bhuian and Rajeshwar Mistri.

(3.) It is submitted by the learned Counsel for the appellant that the police on search of the Bus had arrested five accused persons and two of the accused had run away from the bus and from the possession of one Prithwi Raj Singh one Time Star wrist watch was recovered and from the possession of this accused-appellant, Ganesh Singh a country made pistol loaded with 12 bore cartridges was recovered. All the other accused persons were acquitted only because no recovery was made from them and there was no evidence of independent witnesses to prove that they had made any preparation to commit dacoity in the running bus. Since the prosecution has failed to prove the seizure of revolver from the possession of this accused-appellant, Ganesh Singh and as such his conviction by the trial court only because revolver was recovered from him is erroneous bad in law and fit to be set aside.