The High Court
Case Details
Cr. Revision No.103 of 2016 - 1 - IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.103 of 2016 ---------- 1. Md. Aslam 2. Multan Mian 3. Md. Alam Ansari @ Alam Ansari -Versus- … Petitioners The State of Jharkhand … Opp. Party ---------- CORAM:
Legal Reasoning
HON’BLE MR. JUSTICE AMBUJ NATH For the Petitioners For the State : Ms. Nanda Kumari, Advocate : Ms. Ruby Pandey, A.P.P ---------- --------- C.A.V. On : 02.02.2023 Pronounced On: 03/ 03/2023 Heard the parties. The petitioners Md. Aslam, Multan Mian and Md. Alam Ansari @ Alam Ansari have preferred this application against the judgment dated 24.08.2015 passed by Sri Satya Prakash No.II, learned Additional Sessions Judge-VII, Dhanbad passed in Criminal Appeal No.346 of 2009 whereby and wherein the learned Additional Sessions Judge-VII, Dhanbad dismissed the appeal, filed by the petitioners against the judgment of conviction and order of sentence dated 12.11.2009 passed by Sri Piyush Srivastava, learned Judicial Magistrate, 1st class, Dhanbad in connection with G.R Case No.3792 of 2003, arising out of Jorapokhar (Sudamdih) P.S Case No.259 of 2003, Trial No.258 of 2009, holding the petitioners guilty of offences under Sections 394/34 of the Indian Penal Code and thereby, sentencing them to undergo R.I for three years alongwith a fine of Rs.700/- each, in default of payment of fine, they were further directed to undergo simple imprisonment for one month. The prosecution case was instituted on the basis of fardbeyan of Dr. Prem Kumar Gupta, alleging therein that on 11.12.2003 at about 8:30 P.M, he was returning home from his clinic on his motorcycle, bearing registration No JH-10D-7196, when he reached near Chhaigadda, three unknown persons intercepted him. One of them assaulted him by lathi, due to which, he fell down. Thereafter on pistol point, the miscreants took away his purse, containing Rs.95/- and subsequently, they decamped away with his motorcycle. The informant raised Hulla. The people of Cr. Revision No.103 of 2016 - 2 - locality gathered there and two persons namely Gopal Bauri and Aslam were apprehended. One of the miscreants managed to escape. The apprehended accused persons were handed over to the police. They disclosed the name of third miscreant as Multan Ansari. In order to prove its case, the prosecution has adduced both oral and documentary evidence. Both the learned Trial Court as well as learned Appellate Court have come to the concurrent finding regarding the guilt of the petitioners. Dr. Prem Kumar Gupta P.W.5 is the informant, who has supported the case as stated in his Fardbeyan. He has stated that on 11.12.2003 at about 8:30 P.M, when he was returning home from his clinic, three persons intercepted him near Bhardih Chhaigadda. One of the miscreants assaulted him by lathi, due to which, he fell and on pistol point, they decamped away with his motorcycle. On Hulla, the people of locality gathered there and apprehended the petitioners namely Gopal Bauri (later his true identity was ascertained as Md. Alam Ansari) and Aslam. They disclosed the name of third miscreants who managed to escape as Multan Ansari. The motorcycle and a purse containing Rs.95/- were allegedly recovered from both the apprehended accused persons. He has identified the two petitioners in the dock and claimed to identify the third petitioner, who was represented through his lawyer. Pappu Pandit P.W.3 is the witness of the occurrence. He has supported the prosecution case and has stated that on 11.12.2003 at about 9:30 P.M, when he was attending his shop near Bhardih railway crossing, he saw two persons were going on a motorcycle at a very high speed. Near the speed breaker, they lost their control and fell. In the meantime, Dr. Prem Kumar Gupta reached there and raised alarm, on which, people of locality gathered there and apprehended two persons. The police came there and seized the motorcycle and on search, Rs.95/- was also recovered from the accused persons. He has identified the petitioners namely Md. Aslam and Md. Alam Ansari @ Alam Ansari in the dock. Sanjit Kumar Yadav P.W.6 has stated that about two years ago at about 9:30 P.M, a Hero Honda motorcycle belonging to Dr. Prem Kumar Gupta was seized near Bhardih Chhaigadda. Cr. Revision No.103 of 2016 - 3 - Nitin Kumar Singh P.W.9 has stated that on 11.12.2003 at about 9:00 P.M, he was sitting at the house of Swarup Kumar Rai and when he heard Hulla ‘Chor Chor’, he came outside and saw that two persons were apprehended by the police. He came to know that they had looted the bike of Guptaji. The bike of Guptaji was also there at the place of occurrence. Rest of the prosecution witnesses have also supported the prosecution case but they are hearsay witnesses. From the oral testimony of the prosecution witnesses, it is apparent that the informant and the prosecution witnesses have supported the fact that on 11.12.2003 between 8:30 P.M to 9:00 P.M, the petitioners namely Md. Aslam and Md. Alam Ansari @ Alam Ansari along-with another accused had looted the motorcycle of the informant and also Rs.95/- after giving him a lathi blow. It appears that during the course of investigation, it transpired that the apprehended accused Gopal Bauri was actually Md. Alam Ansari. Subsequently charge-sheet was submitted against him, showing him as Md. Alam Ansari. The prosecution has been able to show that both the petitioners Md. Alam Ansari and Md. Aslam were apprehended at the spot, while they were decamping away with the motorcycle of the informant along-with Rs.95/- snatched from him. The looted motorcycle and money were recovered from them. As far as the petitioner Multan Mian is concerned, he was not apprehended at the spot. His name was transpired in the confession of the apprehended petitioners namely Md. Aslam and Md. Alam Ansari. It further appears that he was not put on T.I. Parade. From the aforesaid facts and circumstances, I am of the opinion that both the learned Trial Court and the learned Appellate Court have rightly come to the correct finding regarding the guilt of the petitioners namely Md. Aslam and Md. Alam Ansari @ Alam Ansari for committing offences under Sections 394/34 of the Indian Penal Code. As far as Multan Mian is concerned, I am of the opinion that the prosecution has not been able to prove its case against him beyond all reasonable doubts. Accordingly, the petitioner, Multan Mian is acquitted of the charge. Cr. Revision No.103 of 2016 - 4 - The Judgment of conviction and order of sentence passed by the learned court below, holding the petitioners Md. Aslam and Md. Alam Ansari @ Alam Ansari is hereby, affirmed. This revision application is partly allowed.
Decision
Pending I.A, if any, also stands disposed of. BS/- (Ambuj Nath, J.)