DADU MUNDA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE sole appellant Dadu Munda has preferred this appeal against the judgment of conviction dated 19.5.2000 passed by 5th A.J.C. Ranchi in S.T. No. 208 of 1998 whereby the appellant has been convicted under Section 412of the Indian Penal Code and sentenced to serve R.I. for seven years.

(2.) BRIEF facts leading to this appeal are that in the night of 1 st September 1997 the informant Chandrama Singh has proceeded from Gumla to Ranchi in Maruti Van bearing Registration No. BR -14 -C -5321 along with three others. As further stated at about 10 p.m. after traveling 6 -7 K.M. between Bero Police Station, they found the road was blocked with boulders and two vehicles were standing there. The informant tried to turn back with the vehicle when all of sudden 8 -10 criminals surrounded the Page 1401 vehicle and broke upon the glasses of the vehicle. Thereafter bombs were thrown causing splinter injury to the passengers of the Maruti Van. Thereafter criminals looted cash, wrist watch and some documents along with hand bag from the passengers. The informant and other passengers went to Bharno hospital and received first aid. The matter was reported to Bharno police at 12.30 in the night at primary health centre, Bharno. The police accordingly registered a case bearing Bero P.S. Case No. 46 of 1997 under Section 395,397 of the Indian Penal Code against un known. The police investigated the case and finally submitted charge sheet against the appellant under Section 395,397 and 412 of the Indian Penal Code as a blank cheque was recovered from the house of the appellant said to be looted during this occurrence and as the said cheque belong to Bihar State Food and Civil Supply Corporation and the informant Chandrama Singh was Manager of Bihar State Food and Civil Supply Corporation, Gumla.

(3.) THIS appeal has been preferred on the grounds that the appellant was neither named in the FIR nor there is any positive evidence that the said blank cheques were recovered from his conscious possession. According to this memo of appeal the trial court has convicted the appellant on surmises and conjectures. It is also asserted that in absence of his conviction under Section 395/397 of the Indian Penal Code the conviction under Section 412 of the Indian Penal Code is not maintainable. It is also pointed out that the cheque books said to be recovered from his house did not tally with the alleged looted cheque books. According to the learned Counsel for the appellant he was not identified by any of the eyewitnesses and the recovery of the cheque books become doubtful as the seizure list witnesses P.W. 2 and P.W. 3 had become hostile. Therefore the appellant who has already remained in custody from 3.1.1997 till 4.9.2000 may be acquitted of the charges.