KISHNADEO PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These appeals are directed against the judgment of conviction and order of sentence dated 29.9.2001 passed by Shri Devendra Kumar Lal, VIIth Additional Judicial Commissioner, Ranchi in Sessions Trial No. 419 of 1997 and 185 of 1998, by which judgment he found both the appellants, Kishnadeo Prasad and Shaila Devi (In Cr. Appeal No. 458/01) guilty under Section 412 of the Indian Penal Code as also under Section 25(1-B) and 26 of the Arms Act and sentenced them to undergo R.I for 4 years under Section 412 of the Indian Penal Code, R.I. for 3 years for offence under Section 25(1-B) of the Arms Act and R.I. for 4 years under Section 26 of the Arms Act. However, he directed all the sentences to run concurrently. He also found the accused-appellant, Manoj Sinha (In Cr. Appeal No. 462/01) guilty under Section 212 of the Indian Penal Code and sentenced him to undergo R.I. for 2 years.

(2.) Since, both the appeals arise out of the same judgment, hence both the appeals were heard together and are being disposed of by this common judgment

(3.) It is submitted by the learned Counsel for the appellant, Manoj Sinha that there is absolutely no evidence that the appellant, Manoj Sinha had any knowledge that the other accused persons, Kishnadeo Prasad and Shaila Devi, who had taken his house on rent, are keeping criminals with them and are also keeping the theft articles in their tenanted premises and as such his conviction under Section 212 of the Indian Penal Code is bad in law and fit to be set aside.