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Date : 07/01/2024

(2023) 02 JH CK 0046
In the Jharkhand High Court
Case No : Criminal Revision No.184 Of 2016

Md. Nasir Ansari And Others APPELLANT

Vs
State Of Jharkhand RESPONDENT

Date of Decision : 27-02-2023

Acts Referred:
Indian Penal Code, 1860 — Section 414
Citation : (2023) 02 JH CK 0046
Hon'ble Judges : Ambuj Nath, J
Bench : Single Bench
Advocate : Md. Zaid Ahmed, Moti Gope
Final Decision : Allowed

Judgement
Ambuj Nath, J
Heard the parties.
This revision application is being disposed of at the stage of Admission itself.
The petitioners namely Md. Nasir Ansari, Haru Goswami and Md. Daud Ansari have
preferred this revision application against the judgment dated 07.01.2016 passed
by Sri Mahesh Prasad Yadav, learned Additional Sessions Judge-IV, Dhanbad in Cr.
Appeal No.264/2011 & Cr. Appeal No.281/2011, whereby and wherein, the learned
Additional Sessions Judge-IV, Dhanbad upheld the judgment of conviction and
order of sentence dated 28.11.2011 passed by Sri Sanjiv Kumar Verma, learned
Judicial Magistrate, 1st class, Dhanbad in connection with Govindpur P.S Case
No.127/1996 corresponding to G.R No.2095/1996, T.R. No.31/2011, holding the
appellants guilty for the offence under Section 414 of the Indian Penal Code and
thereby sentencing them to undergo rigorous imprisonment for two years for the
aforesaid offence.
As per the prosecution case, on 16.7.1996 at about 11:00 P.M, the informant who
is the Police Officer posted in Govindpur Police Station, Dhanbad raided two places
alongwith the police party and Chowkidar 1/6 Mangal Rajak, firstly at the place
near Muslimtola and found that 5-6 persons were loading coal on a truck. On
seeing the police party, the accused persons fled away. The chowkidar, Mangal
Rajak identified the petitioner No.3 Md. Daud Ansari as one of the accused, who
managed to flee from there. Subsequently, they raided another place in Daldali
tola where 5-6 persons were sitting on a heap of coal. On seeing the police party,
they fled away. The petitioners Haru Goswami, Md. Nasir Ansari and Md. Daud
Ansari were identified by Chowkidar Mangal Rajak.
The petitioners were brought to trial and they were found guilty and sentenced
accordingly. The appeal of the petitioners was also dismissed by the learned
Appellate Court at Dhanbad. There is concurrent finding of both the learned Trial
Court as well as the learned Appellate Court regarding the guilt of the petitioners.
Md. Zaid Ahmed, learned counsel appearing for the petitioners submitted that both
the places of occurrence are public place. It is alleged that on seeing the police
party, the petitioners fled away. It has not come in evidence as to who had
accumulated the seized coal. It was also submitted that the petitioners were
identified by chowkidar, Mangal Rajak, but he has not been examined as a witness.
Mr. Moti Gope, learned A.P.P for the State has submitted that the petitioners have
been identified by the informant in the dock and the non-examination of the
Chowkidar, Mangal Rajak is inconsequential.
From perusal of the oral testimony of the prosecution witnesses, it is evident that
both the places of occurrence are public place. As per the prosecution case, the
petitioners were present at the place of occurrence. Petitioner No.3 namely Md.
Daud Ansari is alleged to be present at the first place of occurrence where coal was
loaded on a truck. He fled away on seeing the police party. He was identified by
chowkidar, Mangal Rajak. Petitioner No.1 namely Md. Nasir Ansari and petitioner
No.2 namely Haru Goswami were present at the second place of occurrence where
it is alleged that they were sitting on the heap of coal. They are also alleged to
have fled away on seeing the police party.
Prosecution has not brought anything on record to show as to who had
accumulated the seized coal at both the places.
Chowkidar, Mangal Rajak, who is said to have identified the petitioners at the place
of occurrence, has not been examined as a witness.
The mere presence at the place of occurrence does not make the petitioners
culpable for the offence under Section 414 of the Indian penal Code. Furthermore,
their identifications at the place of occurrence have not been established as the
main person who has identified them, i.e., chowkidar Mangal Rajak has not been
examined.
In view of the aforesaid facts and circumstances, I am of the opinion that both the
learned Trial Court as well as learned Appellate Court have erred in holding the
petitioners guilty for the offence under Section 414 of the Indian Penal Code.
This revision application is accordingly allowed.
The judgment of conviction and order of sentence dated 28.11.2011 passed by Sri
Sanjiv Kumar Verma, learned Judicial Magistrate, 1st class, Dhanbad in connection
with Govindpur P.S Case No.127/1996 corresponding to G.R No.2095/1996, is set
aside.
Pending I. A, if any, also stands disposed of.