PASUPATI NATH GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 27.08.2002 passed by the learned 7th Additional Sessions Judge, Dhanbad in Criminal Appeal No. 136 of 1998, whereby the appeal preferred by the petitioner has been dismissed and the judgment of conviction and order of sentence dated 3rd September'1998 passed by the learned Judicial Magistrate, IInd Class, Dhanbad in G. R. Case No. 1632 of 1996 (T. R. No. 797 of 1998), whereby the petitioner has been convicted under Sections 411 and 461 of the Indian Penal Code and was sentenced to undergo RI for one year each for each offence and both the sentences were directed to run concurrently, has been affirmed.

(2.) The prosecution case in brief is that the informant - Bhogendra Jha, who was a night guard, gave a written report to the Officer-In charge- Dhansar Police Station alleging therein that on 23.03.1999 when he was on duty in the night from 10:00 P.M. to 06:00 a.m., at about 03:00 a.m., when he happened to reach at Bera colliery godown along with P. W. - 2 - Basu Rai, who was also on duty, he heard some sound coming out from the godown. Then, on suspicion, he peeped inside and he saw a person inside the godown. At that time the police patrolling party also reached there and with the help of the police patrolling party the godown was surrounded. When they entered the godown, they saw the petitioner- accused and they apprehended him with three pieces of cable wire of 30'/35' in length and he was taken out from the godown and he was also identified, since he was also a fan khalasi of Bera Colliery. On being asked, the petitioner-accused told that he entered into the godown with the help of Bamboo ladder by scaling over the boundary wall of the godown from Eastern side.

(3.) On the basis of the written report, a first information report was drawn up and a case was registered under Sections 379, 411 and 461 of the Indian Penal Code. After investigation, the charge-sheet was submitted and cognizance was taken. The petitioner pleaded not guilty and claimed to be tried.