SHAFIQUE ANSARI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence 16.11.2002 and 18.11.2002 respectively passed by 5 Additional Sessions Judge, F.T.C. -II, Godda in S.C. No. 08 of 2002 whereby and whereunder appellant was convicted under Section 412 of the IPC and sentenced to undergo R.I. for four years and also directed to pay fine of Rs. 5000/ -.

(2.) THE case of prosecution in short is on 13.5.1988, the informant (Officer -in -Charge of Godda Town Police Station) and other police personnel were on the night duty. It is further stated that after conducting raid while they were sitting in front of Krishna Hotel, they saw that three persons were going on road. Informant asked them to disclose their identity, but they did not do so. Thereafter informant directed other police personnel to catch hold them. Then aforesaid three persons fled away and could not be apprehended even on chase. It is alleged that at the time of retreat one of the person threw his bag on the road. It is alleged that the said bag was opened by the informant and from the said bag two saries, other cloths, instrument box, one sketch pen, one playing card, two torch recovered. It is alleged that in one torch appellant's name was written. Accordingly, the aforesaid articles seized in presence of two seizure list witness, namely, Arjun Thakur and Naresh Prasad Gupta.

(3.) WHILE assailing the impugned judgment, it is submitted by learned Counsel for the appellant that there is absolutely no evidence to show that any article seized from the possession of appellant. It is submitted that, the conviction of appellant under Section 412 of the IPC is illegal. Thus, the impugned judgment of court below cannot be sustained in this appeal.