GANDUR BHAGAT @ GADUR BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All the revision applications are directed against the order dated 09.12.2013 passed in Cr. Appeal No. 63 of 2013, Cr. Appeal No. 50 of 2013/ 71 of 2013, Cr. Appeal No. 72 of 2013, Cr. Appeal No. 66 of 2013 by the learned Principal Sessions Judge, Jamshedpur whereby the appeals preferred by the petitioners have been dismissed and the order of conviction and sentence passed by the Judicial Magistrate, Jamshedpur in G.R. Case No.2501 of 2002 was upheld.

(2.) The prosecution case, in nutshell, is that the informant, Anil Kumar Gupta, Officer -in -Charge, Sonari Police Station in the written information alleged that under the jurisdiction of Sonari P.S. three vehicles, Tata Sumo bearing Registration No. BR -16K -8010, Marshal Jeep bearing Registration No. BR -1P -6149 and Santro Car bearing Registration No. BR -1116M -0450 were stolen for which case has been instituted. Apart from this, from several areas of the town other vehicles were also stolen and as per direction of the Superintendent of Police, a Task Force comprising of several police personnel was constituted which was headed by the Dy.S.P. whereafter investigation was launched. In course of investigation, accused Anil Sharma disclosed that accused Ramesh Patnaik @ Bada Babu was coming from Cuttack to Jamshedpur for purchasing some stolen vehicles. On said information, Ramesh Patnaik was apprehended and he disclosed that he had come to purchase one stolen Marshal vehicle and also disclosed the names of his associates namely Jitendra Singh, Lalji Sharma, Suresh Kumar Menon, Md. Kamaluddin. He disclosed that they used to prepare fake documents of the vehicle whereafter the stolen vehicles were sold on the basis of forged and fake documents. He told the police that Farid Khan, Anil Sharma and Sajhe @ VIP had purchased the stolen vehicles and in connivance with the District Transport Office and its officials fake document of the vehicles were being prepared. He disclosed that the vehicles have been sold by him and his associates on the basis of fake registration number. In the written information it is mentioned that several theft vehicles which have been seized by the investigating team in this case, were found to be transferred in the name of some other person by the D.T.O. office, Jamshedpur without obtaining a valid No Objection Certificate from the earlier owners. The informant has mentioned that accused Ramesh Patanayak along with his associates purchased the stolen vehicles and also prepared the fake owner book and sold the same to different persons.

(3.) On the basis of information the case was instituted and charge -sheet submitted under Sections 467, 468, 471, 420, 414, and 120B of the Indian Penal Code against petitioners, Suresh Menon, Jitendra Singh and Md. Kalamuddin and other accused persons. A supplementary charge sheet under Sections 166 and 167 of the Indian Penal Code was submitted against the petitioners, Gandur Bhagat and Peter Murmu. After cognizance, the charges were framed and on conclusion of trial their statements was recorded under Section 313 of the Cr.P.C. On the basis of the evidence and material on record the petitioners Md. Kamaluddin, Jitendra Singh, Lalji Sharma and Suresh Menon were convicted for the charges under Sections 467, 468, 471, 420 of the I.P.C. and sentenced to undergo S.I. of three years and fine of Rs. 10,000/ - and in default to pay the fine to further undergo imprisonment of three months. They were convicted and sentenced to undergo imprisonment for one year for the offence under section 120B of the I.P.C. Petitioner, Jitendra Singh was also found guilty and convicted for the offence under Section 414 and sentenced to undergo S.I. for three years. Petitioner, Gandur Bhagat @ Gadur Bhagat and Peter Murmu have been found guilty and convicted for the offence under Section 166 and 167 of the I.P.C. and sentenced to undergo S.I. for one year and three years respectively under the aforesaid charges. On appeal the Sessions court has affirmed the order of conviction and sentence by the impugned order.