MUNNA TOPPO Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) This Court was informed that learned counsel for the petitioner had died. Notice was issued by the Court to the petitioner informing him about the death of his counsel, but the notice returned unserved as the addressee was not found. Accordingly, Mr. Sanjay Kumar Tiwari agreed to assist the Court amicus curiae. Heard learned amicus curiae appearing for the petitioner and the learned counsel for the State.

(2.) The petitioner is aggrieved by the Judgment dated 4.9.1997 passed by the learned VIIIth Additional Judicial Commissioner, Ranchi, in Criminal Appeal No. 89 of 1994, whereby, the appeal filed against the Judgment of conviction and Order of sentence dated 3.10.1994, passed by Sri Shahid Khan, learned Judicial Magistrate, 1st class, Ranchi, in G.R No. 1268 of 1993 / Trial No.272 of 1994, convicting the petitioner for the offence under Section 411 of the Indian Penal Code, and sentencing him to undergo R.I. for two years for the same, has been dismissed by the learned Appellate Court below.

(3.) From perusal of the record, it appears that the case was instituted against the petitioner for the offence under Section 392 of the Indian Penal Code, on the basis of the written report of one Baleshwar Prasad Yadav, who was going on a scooter. The said scooter was snatched away by one Arjun Mahto and one unknown person on the point of pistol. On the basis of the written report given by the informant, Kotwali (S) P.S. Case No. 203 of 1993 was instituted for the offence under Section 392 of the Indian Penal Code and the investigation was taken up. It appears that the petitioner was apprehended with the said scooter and Section 411 of the I.P.C. was also added. After investigation, the police submitted charge-sheet for the offence under Sections 392 and 411 of the I.P.C., and the petitioner was ultimately, put to trial.