Jharkhand High Court

Binds A Sam vs Unknown on 1 November, 2021

IN THRE HGH COURT OF JHARKHAND AT RANCHI

(Criminal Appellate Jurisdiction}

Criminal Appeal (D8) No.665 of 2011
WEG

Criminal Appeal (DB) No. S08 of 2011
With

Criminal Appeal (DB) No.626 of 2011
with
Criminal Appeal (DR) No.666 of 2011

 

with

Criminal Appeal (DB) No.677 of 20114
a

Criminal Appeal (D8) No.g79 of 2011
wR

Criminal Appeal {DB} No.680 of 2O11
with

(Criminal Appeal (DB) No.754 of 2013

 
 

20H and the order of

fot & Sessions

 
  
 

 

: in: Criminal Appeal (D8) No.665 ot S001:

 

Binds a Sam, s/oLate Pr; ashadi Ram,
District CHridih 7 Ba . Appellant

 
  

. In Criminal ' Appeal (OE) No.898 of a0 ds

      

orf o- Shastri
» Appellant

me Pankal Pa ad

 

ceniagh Das, « s/o-Late Math ura 4 Das, < r/o Leda atola, PS-GiridihiM},
dstrict-CHrichh ces Appellant

In Criminal Appeal (DB) No.666 of 2011:

Tharkha nll Das, rfo-Naredadih, PS.o anidihiM},
Appellant

 

  
    
 
  

ta Criminal Appeal (DB) No.87 7 oF 2011:

 

Sita Ram Mahte @ Sita Ram Yadav, s/o-Nankhu Mahto, r/o-
Hendadih, Giridih(}, District t-Giridih . Appellant

in Criminal Appeal (D8) No. G79 of 2OL1:

 

fa Pasw 'fan @ Diwakar Faswan, s/o-late
1 gh Ramehore PS-Chandramancdih, Distr ict Jara

Appellant
 

 

 

 

Related dipank (ON) No. SAN of BBL & anglogane aanes

in Criminal Appeal (DB) Ne.G80 of 011:

x

Churamar
Gindd hh ( MM,

Yadav, §,
Tnstriot-Ciridih

Ram Yadav, r/o-Nandedih, PS-

 

 

 

 

 

 

 

Ss. Sant tosh Yadav Sam Yaday,  rfo-Hancdadih,

Giric dib(M }, District-Giridih . Appellants

in Criminal Appeal (DB) No. 74 of 2015:

Pinta Nagra, s/o-Musho Hasra, rfo-Abiyapur, BS-Ahivapur,

(NstrichGinidih Appellant
te

PST SULS

The State of Jharkhand .. Respondent
fin all cases}

egeth ao ¢ Eat t
2s" & og! 2021)

(Phrough YG partsheard On ae _ September,

PRESENT

HON'SLE MR, JUSTICE SHRER CHANDRASHEKHAR
HONSLE MR. JUSTICE RATNAKER BRENGRA

Por the Appellaritis) > Mr, (or) H. Waris, Amicus
fin Ce App. OR) Nas. G8 / 5033, SHG {203 TL,
Ory agHt, G78/2012 & S8O/AOTT
Mr. JS. Singh, Advocate
fix Ce, 'he eR Ras, SO8/2011 & 679/201]

 
   

a, Advorate
Fim ¢ Cn App. (OR) Noa. "SO8} mote GIS{BOLL &

 

 

 

"Mr. RUP: Gupta, Adve SOREE
fin x, App. GORY No. SSG / 202 E.

Mr. iy ndrajit Sinha, Advocat
Ra Cr. Boe. (ORY No, FSH (20297

Mr AK. Das, Advocate
iia Cr. Spy. (OB) Nos. GGG/ 2011, OFF /IOWT &
GO / BSL 23

the State : i

Mor 8. Niki Sinha, Spl PP

jon © &e, App. {28} Nos. S65/2011, Sas s2ory,
BAG/VQLE, GSS SIO, SITPRO, STAAL &
GHG LIE R

Mr. PK. Appu, APP
fin Cr App. (DED Vo. FRA BHAB

TWAIN ee

JUDGMENT

Pronounced on D1/ 11/2031

rashekk ae

santash Yadav Sita Ram Mahto @ Sita Ram Yadav,

Puitu Hazara, Louki Das, Santosh Das, Finku Pandey @ Pankal

3 Srlelasd Apocal We, GOS of BLE SRA DREN

Sandey, Churaman Yadav. 'Bodho Baswan g Bodhu Paswan @ Diwakar Paswan and Bind au Ram were put on trial on the charge

under section 39S of the indian Penal Code. They are convicted and sentenced to RE for fe and fine of Rsa.S000/- each under section SOS of the Indian Penal Code with a default stipulation to undergo further imprisonment lor six months. Except Sita Ram Mahto, Pintu Hasra and Louki Das, the remaining six accused were further charged under section 412 of the Indian Penal Code and _

reek %

ney are held guilty for retainine the leoted articles in dacaity but ae > . : wt mo Soparate serfence under section 412 of the Indian Penal Code

Was Passed a agal matthen,

aforesaid accused

persn ns he

iber 2011 and { the

me se 4 - vet on dated 23°

Passed In Session:

& gang of dace :

agaria in the midnight « dered

Silver and diam Ty ont rae tS. cn DBBY euyy lve

)eartridges and sever

af 2009 was lodged on 13° September Goo against [S-20 unknown ec riminals. &. In cenurse of the investigation an & séceret information received by the investigating officer Bodho

Paswan was arrested on 25" September 2009 from village Raichore in the district of Jamui. He gave a confessional statement before the investigating officer which was recorded around O8:06 AM the next day and that is how com plicity of other appellants in the crime came to the knowledge of the investigating officer. Churaman Yadav was arrested on the same day; Santosh Yadav, Santosh Das Ram were arrests ted fon 16° October 2009: Pinku Pandey WAS arrested on 37" October 2009 and: Sita Ram Mahto was

arrested on 80° March 2 2010. Leuki Das surrendered in the Crurt

Naduadank Amend {582 Se HOS Gk SEAT Be ene ane BASRR

nee

on 27" January S010 ard Fats B Hazra who in the meantime got himself involved in another crime was taken on remand and put on ideriifieation parads, |

&, On the basis of € isclosure statements made on 26" September 2009 by Bodho Paswan 28 articles were recovered from a falieb near cremation ground between the village Kalyandih and "Naremirapur . On the same ¢ day, on the basis of disclosures made oy Churaman Yadav looted articles were recovered from the hese w ishwari Ram Mohn, Bin du Ram and Santash Yadav. A DBBL

RUN Was Seigecl around OS:15 PM from ai barren compound

} ies ab vil

age Handadih; a Pistol with

of Santash Yadav

mobil &

mobi Phone, Nokia

were seized fre on :

amsune folding

charec-st the Court under

AL ile

sections SOS and 412 of the Indian Penal Code arrl, as moticed above, the appellants fac sed the trial on the charge of comrnitting daceity in the house at Rajendra Kaunar Bagaria and for dishonestiy retaining the looted properties belonging to Rajendra. Kumar Bagaria and his farnily members, Phirtcen witnesses were examined by the prosec ution to prove the aloresaid charges against them. As many as 2] material objects were exhibited and several other domumentary evidenc & inchiding the confessional statements of Churaman Yadav and Bodho 1 Paswan were haid in evidence by ne prosecution

&. Bodho Paswarn set up a defence that he was arrested on

18" September @000 and brutally assaulted by the police.

3 GRAN, AnrOaek FNS) Bo, GH AE RATT MW SHRUOTIRT GHRES

According te him, the witnesses w s were called in the police station to denafy him and also when he was taken to Najeevan Hospital, Pintu Hazra took a plea during His examination under section 313 of the Cade of Criminal Proc edure that while bringing him fron

Jarmiara to Giridih, police took his photographs and showed them fo the witmesses. Louki Ds x8 and Santesh Das also took a similar plea that they were shown | to the witnesses before their production m the Court. Santosh Yadav | togk a plea that he was arrested on OB" Getaber 2009, brutally ; assaulted by the police and forced to sien blank paper. He has also set up a defence that the witnesses

were called in the police statio

Onl and * Pospit tal to > identify hurr.

¥. Santosh 'Das and'S

an mee defence arid copie an

Crimina cases and THR ¢

So ir Sessions Trial 1 No. '120 af 2010, the learned trial

% wos ~ rae . , oY Judge has held as

7M gag have proved ihe prosecution. me 6 fo UovbE about aoe bath nabs ay and

a jola "of 3 é iden IOS OF the

lal spe acceptable, There i hon recon! ait He ip dishaliove ar chscaRd ate

: i xd fe baron 419. O09. 2008 ip fhe night : i person. committed Gacaily in he froge of shes wvocmant Rafendrs Xumar Be yena on fhe paint of PERINAT Brtel after th ing the hands of the famviy memtiers of the avormant and of the paint af revolvar they captured the informant and dis farndy members and look away pear about Rs. 3 lekhs GSSH, OS ane nts idiamond, gold, sdver worth Re. 2028 lakhs}, Sovera' motiles, lepton, revolver, pistal, OBBL gun hve cartridges, offer silver utensils Of pUule and accused Sadha Paswart was afreated fron sar # Ghar and on the Basix of the confessional Sigiemiod of Bodbe Paswan remaining accused Persons were arrested and they have aise comessed before ihe police and Several ariicias ware recovered front the possession and house of ihe accused Santosh Yadav, Sanfosh Das, Pinky Pandey, Badha Saawan, Sindy Rem snd Churaman Yeosv are accor dinghy the Sei 2UTO fist was prepared. The fooled arficiss were produced in TLLP ang the winesses have fganiWed ihe Said arlioles which have been marked mateal eat and produced before me cout The RUGIeS wars recovered in prasorine of Ide dependent winessas BHO Have pe proved fhe seizure of Sie anticies. The LO fas wel aroved the place of accumence ard has alsa proved {hat the inoled SrTaes were recoversd from? fhe possession of the accused Persons and has aise proved that ihe TLLP was conducted and ihe ANCES were idenivied by tte witnesses. The LO fas also proved that ag ihe Gesis of comessional alatement of Badhe Paswan and Chursmnan Yadav looled articles were recaverod which is leaving fe recovery us 2f of ihe Evidenes Act Accused Loulé Das. Pints

2 Raheiaal duwwal WA Mo, GOS af BOT) & asalscone arene

Neer Sooha Paswan, Santosh Das, Cauraman Yadav and Santoghk Yudey were iventifed if TAP dy ihe winesses and fey were aso ent ified during course of ial in dhe court and accused Ste Ram Manto, Sindy Ram and Baku Pandey wore alse identified by ie wilnesses daring trial in 1 the coun and wineasses have afso denivied at the accused persans in the electric tghl af fhe Mme cf decay"

o Except Bindu Ram and Site Ram Mahto, other ty F st

appellants were pul on identification parades held om 2]

November 2000, 05°° March BO1G and 20° April 2010 in which

Sinku Pandey was not identified by any witness. Pinku Paruiey was. arrested on 318 October GO09 but put on test identification on 21%

November 2Q0% ari rare pn ane and a half years affer his arrest VY, PWS and PWS.

ito and Pinta Hazra,

mmection with Na

. 20 af SOO, Hew y an remanc on 16°

310. PW6 identified bim j

what mariner 4 TIPs cone. it

Aprib2OVO 3

Ts conducted og $F" November SOR:

Agcusad Wik ABER Result Sanfess Das AWS & PYFS Aah ideahified lhe accused Saahe Paswan PY 8 & PIG Soih identified the accused furamjan Yadav & Santosh | Swe & Pye Sath identified he accused ¥ acter ¥ Nake Pandey PU & PWS Soft did nat Mantity ihe accused

Recused RNase Result Lauas? Das PE & PY Dol} tantived fie accused

TIF conducted on 85" Sorif 2078 |

Ageused | WHress Result Paty Nasss PRS & PVG PWS identified the accused

7 Aekeabnal deuieal UA Ne, G68 of SVT & analogous cases

rR. Mr. J. S. Singh, the learned counsel for Pinkn Pandey,

contended that identification of Pinkku Pandey by the witnesses for the first time in Court cannot be made basis to convict him.

ik. Mr. Indraht Sinha, the bsarned cruunsel for Pintu Harra, contended That the procedure preseribed under Rule 295 of the: Jharkhand Police Manual for conducting TIP was not follewed rather YEPs were held in pie cemeal on several dates. The learned counsel would refer to the de scision in "Uinesh Chandra v. State of ittarakhand™ to sabmit that the eviderme of TIP was vitlated on

account of the procechiral flaws and cannot be used agsinst Porta

< investigation

to idently

but may oot always be

ramce to the investiga

whether x have identified the

TIP. There is

FINES SES

accused fa T

S&videmce Act, though not ative piec e of evidence. The

evidence af ideniification of an accused in TIP substantially Strengthens dock identification of ari unknown accused by the

witness, Dut the | RECERSEY of a prier test hlentification to

rule of prudence and ret an absolute rule. In "Pop ve. The Queen" the Prey Council has held thet ever in absence of a prior identification parade a dock iden tifeation is admissible.

magne is. in "Umesh Chandra" the Hon'ble Supreme Court has

observed as under

A fast idarifiogtion parade unter Section 9 af the mvidence of is ? ot Suaharniy 8 3 f ; 7 OeVPO Pave evening. :

adel

The purpose of holding « a 'test identifi 'cation

; " Saline Se 689 PIGS | Ox PO a5

8 Qebaateat Angel WN Ne. SUE oF RELL G qaehanons gmaee

parade dunn fe afege

OF § investigabon is only io erigure ihal the dyvestgning agenoy RANna facie was proceeding if fhe right dirsetion where the accused may be UW nknown of There was 2 feating gianoe of the accused. Mere identification if fhe teal Afentifiontion parade therefore cannot fann ihe substantive basis lor eenviction unless fhe re are other facts ara! circurmafaices Guy raboraling the idernfificaion,

i. Sul ppare iio arent dan fhat, dre fest ilenificatic? parade jee a part of ihe javestigation, fas fo be proved by ihe srosecudion ae Aaving Seen held iN acnordance with jaw. The onus HES on the prosecution io astablish inal ihe TP was ne a accordance with Aue. iis aniy alter fhe proseculian prime facie estanies vai FP having deen hed ihe question of oonside objeation fo fhe same anses. Fe praseculy Ras

faifed fo , esta Mish trad 8 TIP was orogeny held by examining the wees io Ihe same, Shere ig coling for He scoused to aisprave. 7 fhe presen! case, 9 Magistrate is sisied io fave conducted ihe

7. Pe Magistrate has} pot bean examined No explanation i ; , sxramined, The arly Slalon plouse Officer that ag ihe) og a ae Nainital

HE 8 part } peer proved sch : ' # OANNOL he.

° can MP not t be

TPs "a ouelt time ES

identification of th

for the prosecution to collect

» delay in fia ding TTR avas &

such delay on of TIP has oficed that the sarrested an 1d produce be fore the Chief Judicial Magistrate, Giridih. Six of gave confessional statements to the investigating officer ans rooted articles were recovered at the instance of five of them or from their possession. They were pul on inside the fail on the application moved by the Investigating

§ t

sfficer. The learned trial Judge has heki that TIPs were canduected

following the necessary formalities and delay in holding TIP has

been oxpiainedd by the prosec ULE Oe.

iY. The bearned trial Judge has held thus: einige ge 39

..u fff S¥s ree ard OWN 7 anol DWV? wire are fre accused in {his nase hws clearly ei fed hat they were shown io the iwilnasses prior io Seer arrest and these were kept in SP Rady uplil S10 days. if the oilers of fhe ay ij and 2 are fakes joke ponsitonen fhe avi they were produced before the CULAd far teu remand hihe OW 1 and D.M002 fave clearly slated in para 2 2 of Shei wedence thet af fie Nme of paynand trey deve net given in wiiling that they were shown i ihe winesses by fhe poline whan hey wens

detained in fhe SP residence. Thus the defence of the accused

Pan rag.

fone re

ieee:

a RRA AOgeR IGE We, BS RF IIT Be RHRIOTORS RABEE

persue Hat fey were show fo fie wifies S808 by the polig oe before TU Parade pscame falsify. Thus Gn my waw the FUP was conducted #8? proper wey. The accused parsons were menivied during a TU Parade as well as before fhe cou There i 90 delay in raking | r LP and ihe sarne has hewn explained by the prosecution. PUACTS ati BMT? Rave wri proved Sie way of carntucting TuUP and they fave praved ie Tl Chart witeh save been marked Ext 8, ay, 82, IS and St. The prosecution) winesaes PY 6, 9, 8 ane PUALS have alsa ider ified ad the aforesaid accuaged parsons in tte cout during val and ihey Aave clearly stated that they fave identified ihe accused persenis in the afecine Baht al ihe time of ccourenms, Thus fhe adnesses have iienitied Me accused persons who canunited ite daculy af fie fee of ocourrance."

is. In diferent ccnntries the identification parades are called by different terminology, such as, palice lineup, police ling

ins, six-pack ete. In the U j Unit ed States, United Kingdom and other

COUNTIES

informed Yl

SLO solic lineu pin wh 2h.

boedy-built and comple

a check on the risk se the

nay resemble

the secuged. In ditored the on that TIPs

'es, arud Ruule O36 of

were held adh

the Jharkhand Police general fermis was

taller.

"19. PWTO was Judicial Magistrate pasted at Giricdih

between 05) March 201 0 to 20" April 2016. He conducted parades for a Louk? Das on OS" March @010 and

} Parmeshwar Nasra @ Pu intu Hagra on 20° April 2010, He proved

hus signature over both the 7 TP charts vide Exhibits-8 and 8/1. He WAS Put to Searching questions as regards conduct of identification parades but the defence could not point out any irregularity in TIP.

As PWT2, another Judicial M agistrate testified tn the Court that he conducted identification pa arades on 21° November 20090 with respect fo 4) Churaman Yadav aru] Santosh Yadav (3) Bodho

Paswan fi Santosh fhas and av} Pindleu Pandey.

POOP ee .

an, es

Salat Apes Baws Ra MOG. Re BETA Be SERB NS FABER

20. Both PWHIG ars Pw is were ques ioned abut the

mrocedure followed in holding TIP, and the suggestions put to them were intended to «Heit from them whether there was any pos sibinty of the witnesses glancing at the suspectis) before TIP.

Si. For a better aporecia sHon of the defence set up by the appellants, we may refer to the evidence of one of the Judicial Magistrates who conducted ° rIPs. in the cross-examination, PWD

gave the following evidence in the Court :

2. ? bad pe previous ae quanta a wilh ie witmesses and f did not know the suspects fron befars.

a4 j gould recog Hise i e "eiinerses atten f rcelved the nenoards with

veri yang sheir 'nai than TIP was:

8. There wes ides

iad sagister.

JS Agine

and phofegsanh of Hire pers

8. Fafa! rine ge ware feed up for PHS.

iQ, The susoects we COMRIEROR, PAYS was canduchoar.

§ mark was put on pain af thee

sanges by jad

ERAT Was OON yyNefed Ihe seccad

5 fone op hs g ve Tavs is aot current fo sey iNal Pie winesses could recognize ihe ancused in ie office wile gresaravinn fey CHP was gniry On. 16, THs [email protected] nef correct fo say ihal TP wes conducted for camuveling Ponnaith FBR for fowl idernvication.

WoooO€£ Deol ned.

eee in the context of the plea raised by the appellants that

their klendfication in the Court by the witnesses is substantially weakened by delay in con ducting mig TUR, we may indicate that there is mo rule of daw prescribing a period within which a test identification oust be held t to identiiy the suspects of crime. In "Pramod Mandal u. Strate of Othar® the Hon'ble Supreme Court has

Reid that i

is neither possible no r prudent to lay down any

se EXkainad Asgeal US Ne. S55 af BOL & analame oes

invariable rule as to the period within which a test identification parade must be heki and th e matter must be left to the wisdom of the Court of fact which would consider all aspects of the matter in the Nght of the evidence on record before pronouncing upon the acceptability or rejection af such identification. Redho Faswan, Pintu Haera, Louk Das, Santosh Das and Santush Yadav set up a defence to challenge their iden (ification In THF on the ground that they were shown to the witr messes before TIP was conducted. But what appears irom the records is that these appellants did not

make any grievance petore or after TPs were hekl and the

Upeestions pat by the defence im

femtification in the oS urt, Bat

should be their ide ntificatic the

wi itnesses Ss in TYP would oh in the cont ext of other 4 evident: ean record,

28.

Court 8

identified the-appellants in

ore an i witnesses. ap

accused » ig a cainstances of the Case ane not in selatio a. PWS, | foand PWS are inmates of the house whe identified the 'e appellants in the Court ~ except PW athers were called to iden tity the accused in TIP. These witnesses were present in the house on r the night of 12" September 2008 and gach ore of them faced the dacoits in their room. They have witnessed the dacoits plurulering the valuables by breaking open boxes ant Almirah in their roms,

aa. PWS, the informant, Rave his examination-in-chief in e Court aon OS July 904 L, stating thus;

k. Phe inaiden! ook place io the nigh! af 1275.08 2009. f was sisaging in my ream. Af about 12:00 CYolock in the syght, Surneans kmmokted af ay doar, Wher} opened sie GOO, { saw that twe-iices persons had iaker my fephew Alnshek Sagadia in ther custody at gunpoint avnd $6 other oogdnals were also slanding ere. As soon

sf opened ihe doar, eiminats arilered PO my soon? and sasnted pistol af me ane assauied me with st ! anes ¥ broke almirah af the mon. They Sroke shelf apd fook nut #8. 50.0006 cash, my

pond

Literdnal doerel G8) Ba. SOG xf BILE Be eles saree

Roorsee pis agout T2-75 carvidges, sliver ules, ng, gol chain, other jowellerien a any rid my wis and daughter's ger i jeveniienas for ear, nose and neck, watch, moivie ofe. from ihe room. The OVuyH is forex ey me Da of fhe soo and Abvishek was aise wth é yy faking us in custody dy infiendatag us, thoy gol opened ihe doar OF my Dre ther Chandan Kumar Begadia. When be opened ihe door, 58 criminals anfered ova Als room, Mey lowed anicies and assauiad him. fis two-barre! Hoenses gun, watch, mobile, ater HGS fewelferies for nose, ear and neck, cash ware ieated. They brought abdishek and me fo the room of my elder broifer apak Rumer Bagadia and gol ihe roan openad by forcing us

ip z

TR As SoH? aS Gre soar opened fie orirurals asssulfed . Beep « Bagauis and robbed ihe belongings of my 2 e coNHNals came fo ihe ground foar of HOUSE é and got einer s ragen opened Oy NEPNGONR US, HHEbehay reed wah £ mye ee. front Ais room.

Phe carminals went i palate 2 as wry yy ai nthor | Dy Deepak Bagadia wa Rok Sfeeging #7 Ars mM Seu Baxsuee ay cordiionng of fis noon was W PORE and therek ax sisegny fy Ais daughier's roont. HAS gOr ree and maseched # Thay Heenges pistol 7 mo mane.

tenae.

_ nt ng, a ny,

out Shant OUP}

at ihe : ie gate art anh ;

g} der t br rother £ eanek Bagacia vas SA : G finhed at ASD! jracy for robe

despie she Re orosent

2 ation ay ved ay fardbove of v

: wes 5 rsayting The Fows B Police?

Sister recardec Signature, ff marked gs Sxinh

a °

§ fect to 'der 18 he, a rtilos | 9 1 oiigih sniified ihe Moatanal olvect. fs paper Sears

akeel §S Exbiol '6 ee i wes caved for TLE im gad. § want Grar unas. The wifness ee? @H rire accuser persans who are pre esent and Saye Mert of {hem wore involved BP ON? nm YAing robbery. | indeifed my HOUSEAIE articies, THis is she 8 RARE nistol which wes released fran thea Court and WES Facovered by ihe poline. Mark # as Material

Sy BEF EATHERS EE.

Mark § f#§ as & Slock in which f Aac my signalure, This é

as. PWS denied the suggestion that he cenid identify the

. churing his restatement the police accused ov while they were in

the cross-ewarination that nine

persons were included im TIP bat only ome of chem was the

wo. (thers have also tersdered almost similar accounts of

Lae

Qedeained ABTS (GBI Ka AVS GF BLE RM SRG KASS

"peter

the entire episode and whatever discrepancy occurred in thacir

testimony was om account of the fact that they all were not together rather in their own rooms: when dacaity was cormmifted. The

credibility and trustworthiness 88 of @ witness are not corrode duc to

weg

minor Inconsistency in his _-- me which may appear due to error of observation, lapse of thne ete. at the time when his deposition is recorded in the Court. We, therefore, propese to deal with other evidence onby briefhy. :

ai. PWS stated in the Court that i} he went to jal for TIS after 5-G months, and 0) does s mot remember who were presert in

SE. He dered Y¥k by the po Hee,

and that police and showed them

to hi 4

a Ristal at He

as the crimi pointed

nitted in his croas-examination that be did not remember the

gunpoint. He denied that he

fc bas further stated that the

cid not inform far

are out

who weredder

in TIP or they were not pu

could not remember the name of the accused whom he had

identified in TIP, |

30. -- -PAVLL has claimed in the Court that she identified her

belongings which were loo ted by the daroits and denied that the:

daceits had covered their face with white cloth.

Si. The probative value af the evidence of a witness who

identifies an unknown criminal for the first hme in the Court after

a jong time gan is substantially diminished and, therefore, it is that obs neat saafe fa record comviction solely on the

basis of such evidence. The primary reason seems to be that when

the aceused is present in the Court and the prosecution asserts

get

hat he is the one who committed the crime it is for all to seeand

fa sNinabal Anmask (GOR Mo. GOR of BORE We SRR STKEG BREST

more importantly there is always a possibility of the witness

Ys =

idewiifving the accused sitting in the dock and thereby increasing

the risk of a wrong identification, and that ia where cores the rieceasity of a priar test identification te corroborate kentiiication of an oounkrsryn accused in the Court. The faibure of the

investigating officer not to put Sita Rar Mahto and Bindu Ram on

per.

ok,

TTR, and PWS and PWS not identifying Pinku Pandey m TIP are ro

doubt relevant considerations arxl imey assume materiality spovided the prosecution case against these appellants is not

supported by any other indepe erent evidence. But the whole of the

iSbelieved because one of the

DTORECUTIOD

~~ mgt MASE

apnell : any v witness in TIP.

PO! . Be

ntifcation inath

dock identi

is complicity in the crime. In

gome cases, the evidence | self be

identification may not by

@ =)

af ment fo prove guilt of s it is supported by

sther. JUndependent eviden recovery of looted articles,

sharacter of

=e premised on a

jentierl in the Court 1} looted

arlicics were recovered at wien ponting or from their possession Ga) they suffered disclosu re statements truthfhainess of which was established through recovery of looted articles and {iv} they falled ta explain possession of the spoils of dacoity.

38. Bache Paswan. and Churaman Yadav suffered

Sisclosure statements on 26" September 2069 and at their

bbe,

instances and

byes

younting out huge quantities of looted articles were recovered, from different places. The confessional statement of Santosh Das was recorded on 16" October 2009 at 12:30 hrs. and fram his possession Nokia [email protected] mauhbile phone, Nokia 7210C mobile phone: with SIM No. 9163962471, Nokia 1112 mobile phone

with Atete! {Ny GRarvange: ; : 4 with Airtel SUM No. 98 SSFL0583 and Balai Discover motoreyecie

Cytradanl dgeeed OR No. SS OF REST S SORBBUS LITT,

pees

having Registration No. W RAO? -8180 and Rs.4A20/- were recovered in presence of PWS and Santosh Rout. A Nokia N-73 mobile phone was recovered from possession of Pinku Pardey around 00:00 AM

on 31° Cietober 2009 and his corfessignal atutemernt was recorded

The seizure-memo was tnarked as Exbibit-20 and the

£ 21:00 AM.

recovered Nokia N-7S mobile phone was identified by PW6. The confessional statement of Santosh Yaday was recorded on 16° Oetoher BUOG at Tagg hrs. arxl from his possession Blickberry mobile phone, Nokia mobile phone with SIM Nos, 8572633108 and

SOS9SSR5LS arsl Rs. SPSO/- were recovered in presence of PWS

obile ohone recovered fromm

sovery of this loot ;

B Churaman Yadav Yadav

'passession of Sk

and $ Santosh Das. Pw y seisure of one, Pistol ard

FSO /- fram the house oo! mtosh Yaday wide Ex

bit ~ Ls

with phote of Gane ash jee, henase af EMs add Ram and;

Rn pointing of a Odurt t that In "8 coricealed in SE FECOV . TKS investigating officer,

PWS has further stated that | hss pork (faine) is at a barren place and the plastic bag vide xhibit- 10 was recovered from the pond at pointing of Bodho Paswan who was present there. PW3 who is a private tsacher at Pachamba has stated that in his presence one Blackberry mobile phones, ane Nokia mobile phone and Re Si2Zo/- rash were seized on 16" October 2009 from the possession of

Santosh Yadav mear Bananchal College. On the same day, three

Nokia mobue phenes, one black colour Discover motorcycle and

Rs 420 /- In cash which Santosh Das was possessing at that time

were seized by the investigating officer. PWS and his friend

Dharmendra Kiuuvar Crab y

we ere heading towards Pachamba High

erent

echool an 26° September 2009 at arours] 11.00 AM-12.00 noon

f & Calendnad Qauanal SORE Bor, SHS OF BALL & RHRTUT SOKER

and they were brought by the police to a pond near Narendr AUT, At that ime Hodho Paswan was with the police and on his pointing one plastic bag containing mobile phones, empty cartridges of rifle, silver articles ete. total 28 in number was recavered from the pend, S38. PW stated in his crase-cxanil that he ved at a

distance of about Se AM from Handadih, which is a thickly

populated village. PW2 has stated that he lived at a distance of about 2 KM from the pond and the pond is near a barren place.

PWS stated that Pacha KMs far away from the

piace © of recovery from possession of Santosh Yadav and Santosh

and PWS

recat the

Pd c of seizure and, ther prosecution cannot rely om the

o-calind seiaures made abt noe of the appellan 8,

S68. There is no jaw al application that a chance Stworkhy witness. All th at is atisfact tory

® and place

wittess is acceptable tm India. yet the chance witness has to

reasonably axplain bis presence & i that particular morent. PW] has Stated that he knows the people of Nandadih as they would

also come to Pacharnba Pasar {market}, He has denied the

suggestion by the defence that he was brought ta the pond by the

police, However, PWS has slated ¢ that he had gone to the pond with

the police. PWS has alse denied that he went to the pond with the

wulice, PWS has stated that he is a neushbour of Dr. Deenak Kumar Bagaria amd slays fust 10- 20 furlong away from his house. The

irivestigating offeer gave an elaborate account of the seizures mads by him from different places at the instance of Bodho Paswan and

and from the possession of Santosh Yadav,

wi exkeeal Aunnal WA Ne. SHH ak BOLL & snalagasn anise

Santosh Das and Pinku Pandey. The pond near Narencdrapur was at a barren place (sunsan jagah} and the investigating officer proceeded to recover looted arlicics soo after taking the corifessional siatermen f Bodhe Paswan ard Churaman Yadav. In the circumstances, we see no infirmity in the evidence of a WIThess who accompanied the investigating officer and attested the recovery fram the pond. :

oT. The looted articles which were recovered from diferent places af pointing of the accusedl were put on TIP an 10 & Getober 2000 and 34° November 20090. PWS, PWY, PWS, PWS and PWI)

ewho, however, did not come

A, OLY 10" Qetober

ace implicit relian.

sc witnesses. PWS anc

seta af mobile phone and.

the Ceurt { that tre

«te stified i

wrist watches, (e)Gunch: ol fH} purse with cash and éxiii} other articles ag per sebsure-memo. PWO has further stated that he identified Nokia N-7S and

RMackberry-8836 mobile phones and Rs. Si20/- m rash tn TIP

held on 24" November, 2009. The Investigating officer stated in the

fourt that the mobile phones were duly klentified by PW6 and PWT. |

The proscoution has proved that several articles which were commeaded in the house of Bindu Ram, Ishwarl Ram Mohn and santosh Yadav were recovered on the disclosures made by an Yadav. Though Pr 'akash Nath Mishra who was also a Witness to the seizures vide Eshibits-12, 18 and i4 was not

teres 4 4 Rhee By cy | 5 x nse produced during the trial, PW came to the Court and identified

vipat Ly m . x 4 No ." Le Sepak k x % woh "mete a ee oy om wees 4 % pee i DO we tt a fed z rh te as oot aD sect ome ' @ a Wi, gt a, UE oes rs fo mw "aoe a: ns a%, sey , het fi hk io eho. 4 " 3 oy Be tyes As % Lt Wee we bw oe C4, oe Be al Se Bort ie mw o 4 ost wpe Z yee mm eas Soot yet : "an 43 ¢ Apo ge nt % rey zg 4 cae me thee, feet os one Fe Y¥ i heed a Ps oe a . @ & ' pot ~ Need Set a4 "on wr Syme feet oe C4 eet et % eis setore oe toyed fant gq a bong be we vee os gore Myot raf to % ' wm OR of Tl os "ge ' oe eet ts be ye eo gs ee zB oS ea Oe bee Bi et, Pa. "ioe ro SE ge "ye ert

- * 5 oe yn Hie Ls ' 4 " en vs 4 Ae egy 4 gy ae es " Ss of eS e ia Be s a fh 7 ' a * . me : sy ;

ee pad whe Steet Sod 4 ry 3 Aes Kh oe wer, | MT ead ae RB 'ae va k Vv @ : om gt je Ah p A w, Whe on week b qo g fis] es Fas] % i cy ee pene o . os eed yo, he ele te, & a os 3 a tg a rt nt ' "3 % on £3 we ; a3 we ee oe 4 os ogee % eet re art acvod, Cone 'ov 2 wt re ee ' aS ~~ ee Can Snel Lr PA - nt rn 4 'ant ye dt " hy wy om, rt, at bet os yor, ah : BY uA he geek rhe oS chon "hel go. Ka *~% nah atone eee " 4 pons % Taek get cs me Rt aed "ped aoe wee fe weed 4 pee tote we eed us rf) wierd 4 pee fe < . oe Eo ot . et a" ~ aes é te a Be oa " read mens yr ee Ont, oe "ne S re re aed ne a Se wget tee, 4 a: le ot ren, hd % Bt a go a ye viprh 'ho Fed 4, Pal Ce a3 $ Sant sooty Ss «100 he ed "e ne, " ¥ re nee renee re ao ot ; ya xe ret ' ~~ xe bd a3 & fa ve ety vie : ee "<3 whee ay tit ES Pe se og 4 rt os " a ee ed ot gee ced OS eg vee Poy ad Ww at get De ws oon, pied Ss pod vo e4 tens mS rn " rom Nat ee "4 . fon x : bh BS we ; , 45 we fn 5 got ' es % , 4 mm * wa tat wt ae rh aS f Load ed spot oy ' a a Thx, pele a oo rope pel rey ae we > rh Pes exh 4 oe a ps het oS oa we went 'et gee os = ns 5, Ky, ee z bes red ee athe Oey oS Ay ee ad oe ead pe gS ah Ot a) g eed mea es we : vA iad, we * best get OF Pr oa) oot a % -- me Gen hed x od 4 'niet 4 % Sued eet fated, tu 23 ¢ oo oA The aga hana "SS aa ey unas a "pet eR G A £ & von a oe ris red AP hat £ wn ot ae ms 4 See a Ly eh re ry ae Sed "3 Nth bows on we th , Re : ea & a is pgs om eons is 6 rt oa Nag te ae Md a me ing tao, neem, Seen is % Gos ed oe Be a re ~ ~ ts be na dey rie sees tok gt oy porn, i " ~, ig bons Sead Ant nett mm od cd 'ipo Cee a wi NE oa ihe A 6) we waa bea ' ad eek font Lb Seg we ag ; paek roe ee nt "ped 'eo, 560i yn we * if "9 > 2, a on, ; Eng gy ge ether wee re gra o%, z oe fee & yee pd vg cere % 5 fon we teres fort tot Goat ? 's ot hiped ea oneet ee. pron Ba ben we a: by mt a Fe hag : fo ee vate wl vee Gat re os Foes ia 4 ret my oR LS Beet $4 sboash he ae oe west en oe von ve hy we weer, "ers 'ne e pee % ww On re ae eed, LG 0% sek " ft ee Lar one, fe, * Ls A% at thee, ws oA nono, 3 - 2 tp x ot pei ie ta gy et vere, 5 ns oe 183 iG . * cot : * cs on ween veg ay, Powed ow ¢ 'ae eons, beak bes gent

- ee mt woek ™ # ms aM i LQ oye ~~ we yee, a, pon coe peoes wi hates pat hed { i" & feed, as we mo LE veh oS ws ieee . @ Me ot we Mes "a goed ee BP gape ce Oe ty "3 tm Ok oo ret on fr oon oe pene w%, iy dead " a a ri Ay ad one bat fede Le "4 newer', ' 4 2, men, an me io ai y ¢ sen ot, Nl eh tw ye nore, : ve re qebad, < Kok ee ff v os nee : set' ' oteen, red. of oe tb od ped a oy me ib & MA ed was {f >» ree en cede ae seen, x ae ys , oe opin ft ve rt fn. fot roe oe ant 43 oS an, eae whens we, 'aheb ae at B. Be ad oo wr) we fy a re f pe A BP rr ke OT ope eed : uw ee oa wee ee eed, ey j : oa o fed x, wd oi hd Hee "es % a oe cme wy, Lay, 2 we ue yor "ae , B an re yes, wea $ 63 S re we feet ", to ee q qphed, Ww nan QS , aa ' G "ait Bs God "ye reo fn, bags ee tees ae " % wo Ge hat ~ ge be Eg Lo te *, them teat " ipod wn rn ms eg tf a 0 vet et ceed. hp et pene en a et fy a gene A go Fm Em & & Be he En a fee es ie = TB Sse ort ws a i S40 et fn 2h pet ge ee, yet te oe oF oh ge w sae 4 -- Lu fe ted yen i se om " "af % wd Ps oped r% 2 ue wag geet n, a ee hed SB ve oe FA Be utes ee pete ve eG tee ra et Ppa Ly ty thet ee ; " yt YY we 4 " 'a 3 ee a, % 2 4 "peed mn + 'ef ee : 3 Sad * 4 "nee ae Brow, we. A ee or Xe be tee, bs 7X Ch, ee hp" oh EY oni od, % ee il ws Ls net ae ne Soh wet eee ee, vere errs het : i oe apes nee ped . ap, ren, PS Snag wit £%, wm Sak had gevel si fe ph Py, toy a re hy rr ee * 4s aly * em ern, ey, oe i. " * .

we ad set Le ie raed vr, seer we ~ "y von pee ee % ; " "oc ad Coed oook, one oe

19 Eeieednat RRNA LAN Ro, SES oC RELL R enaleRNay caees

. .

time of Pucdurs anc Stuarts, Wi ymare® Ras ¢ reer th at atleast Hi

middle of [YF century use © af torture in extracting confessions was

earmon and confessions were used as evidence without scrupte. Blackstone has characterized confessions as "weakest and most ispicious of all testimonics". The Latin phrase "habemus apamum festem confitentem reum" which means "we have the best WENESS, confeasing deferuiant" was the suiding thought at that time but the use of camession was not wit thoat any restriction.

83. wave J. as said': "oo. By that law, to be admissible, a confession must be feee and voluntary. If it procerds from remorse

and a desire te Tre} it is admissible. Tf it

Te,

fear excited "by

fence Act, TSYS. Sectir whole of the confess)

sal or promise and proc

by the acindssion of the offer re

» that alse the admission af e fact such as

ata

. orduct

gistrate. The prohibitions imposed by sections S35 and 36 are

presumably meflection of apprehension of the law makers that a person under the influence of police ar coercion or undue pressure tay be mdueed to comfess the crime. But these provisions of the Indian Baricienee: Act provide protection fo am accused met for the reason that the law presumes confession of the accused to be

wrtirue and thal is the reason an exception has been carved out in

section 2/ of the Indian Evidence Act. Section 2Y partially Hilts the

So and 26 in reapect of so much of the

whether if amounts to a confession or not which

hea Sohewe: r . aayetonge "2 Osa es foe ie Gikers yo FP AeMeNeNs fi8O87 7 se : . » TEM Ls

nrandd Coser ad i

oi cadandead Aauoed ER Ne ANS of RULE H ABAINCARRATERE

esiates distinctly to the fact discovered Im comseqnence of the

ow et ey rhe provikied by Une accused {while in custoay

yee yer ved kody.

'pre nat

ped on yet

yee get eo on, eS v4

aS. A remarkable feature of this case is that in the trial the appellants did challenge their confessional statements and at no

sts. The

iat

Statens

. . a} ae ys ates & soint in dime they refracted their comiess siogTsy thaiuiness of their disclosures is esta blushed by recovery of looted

3 "s e- vey R Ye eee < + Py eo articles and, therefore, the Court cam iso lanicg iro the

confessional statement to unearth the real story behind the crime.

a & ¢ fo fod oe ped "

Stet, ph

os US <3 we od ee rs ee ¥ wed orb on, os

of ULP™ the Hon'ble Supreme Court has

directly can be looked inte

"ECOVETIOS

eh &

noted articles are chiicealed in

i Ram Mohri and Jageshvvar

3uridu, Ram

xe £ Ne

is that they were identified In the Court by the witnesses bat they

were not puton TEP. A silver box, pistol, Ive cartridges and laciss

parse with Rs. S000/- were recovered from the house of Bindu

the pointing af Churaman Yadav. Sindu Ram did not sufier ssioral statement and any looted article was not seized from sssession or at his pointing. Though the aforesaid articles

were recovered from his house, H is mot proved that he had

red or retained those articles believing the same to

The investigating officer admitted in the crosa-

vt z 2 i} 43. * Ran Raleninal Amand GUS No, SKS oF QUI Ie BERGER BRINE

examination that a capy of seizure-memo was not provided to

Sinda Bam or any member of his family and arrayed him as an

BR. RAN

accused only on the basis af seizures made from his house. He

acleriittedd that he could not lay hand on any ather evidence

nfessional statement of his son

ab sour Wis complicity in the crome.

$8. in the afor esaid | circumstances . we are inclined to hold Bindu Ram and Sita Ram Mahto by the | time in the Court is mot sufficient to held

igly, Criminal Appeal DB} Nos. 665 af

ives either: nextortion,

Cede

which detr robbery

or death, or ofsinstant

verson in fear af instant hurt

WYOng oful restrain

"ha uk

be :

valuables at

of the informant their possession and a huge

4 ee ees oy SN en drew a Nerceeseas Sf iY OEE SRCEPER

other valuables, curs, cartridges etc. looted

evidra Kumar Saegaria were recovered from

dilerent! places at their pointing. The possession of looted articles

in daceily further fastens criminal Habiliy under section 412 of the Yeetinn Banal Mean a . : ot i men Penal Code on Ro aho Paswan, Churaman Yacav, Santosh

Yadav, Santosh [as arid Pindee Pandey and, therefore, they were

mons S95 arncd 412 of the Indian Penal

uirider se

S Rey et ai Sar as " ~ = SO. Santosh Das & plea of fuverdlity in Criminal

No QOS, of ori : aryl remart & tye reel ¥ NO.OeO Of 2O1) and a report has been received from

the .frs rege: etiag £ seed ey tre Guvenike Justice Board, Girib that he was a juvenile as on

22 criminal ARweNd RRL Ro, $68 2 AOL. RAATRRIR SHES

miber 2009. Mrs, Niki Sin ha, the learned Spl. PP, referred

: "y . PERT Pty Ie ed S017 passed in EN 262 (A/T? titled

~ . Omi * _ a the order dated OS" whuh

yet

ate af Jharkhend"™ to submit that age

Justice Board was errormcous and

the benefits under Juvenile Justice

(fare and Protection of Chile

Si. in the enquiry before the Juverile Justice Board, the

& pene a, aes ee

ae beage.

ww at pone oi, oe ne pe iow eo eh ee s re Py oh Me ae a ns Sie & we i Ch.

ve od ao re iy ye e

Principal ¢ fthe School. The Register was oat

4, vend we poh

aru asimiseion entry of Santosh Teas ane of back cover of the

Beard held thal

as pr escribed - unk

June

his age hetwe

fat

4 to 26

ree

ard has held as undlet aE

sfrouamntanios of Nig:

the goog

| OTF ie PROUT

> fe 2d t fo 9 26 ihe margin of date of accurrence 1a.

Sof ihe apgiicant Santosh ? day's below 22 years and wha Heer years So he ke a Ravenie as per section > Ae Juvenia Justice Soard, Gina arrive af poolicant' Santosh Das aio is anpedant ia 2011 ? wes BU venues al the date : Gf OCOLITeNcE ap

i Act arg he

that the Medical Baard recorded a Das on the basis of his physical

features and A-ray repor ts. In the first place, ne proper test was

given a fair idea about age of the reports dks mot provide iisefial puiding factor

/a person. The X-ray ossification test can by

alliiste and accurate a test as to indicate the correct mumber of vears anc days of a person's life. The Juvenile

vusice Board has taken a re chanical view regarding age of

34 Dalawaad Angel WU Bo SES ef KELL Se SRALARAE LANE

Santosh Das and aceepted the opinion of Medical Board based on

physical features and A-ray reports.

a yrage

S4. The report of "Medical Board is extracted below:

QeFICE OF THE GIVE SURGEON CUM CHIES MELUCAL

st Re Baw | MAZAMIBAG

Adadiva! board Belg an 2068/1 (friday) under die charmancaliy of Cad Surgeon Gun Chief Medical officer, Nazanbag and offer members af the &oard are Or Shankar Ram Gang? (Radiofogin, Or Ajay Kumar Sigh, Ad, Sader Nospifel, Nezaniiag, On Wier Shanker, (Onkol, Sadar Naspital, Hazaribagh, On Mokesh Kumar Mofia, Dental Sunyoon, Sadar Hospital, hag, Oe. Shivan! Yadav, Medical Officer, Sadar Naspval Nazanhag wa fo socags Me age of Santush Ges, Gindih Nagar PS GG E.No. S82 (AYT? aakes! Oe Adaryu Awman, Pareigal Ads ayisirate, dJ. Soard, Giteih vide Lever na Sate daled PROT? S& onmendpet, LAUPR, Heveched vide javer no. 8999 dated STF,

Mae 2 eae

Sup _. Brouge ?& ventiied by

Name ~ Santosh: ies fa Gamal the alu Police Kerra,

Mtn ag ER: SON no as fealh ate Nawal

2 A black RoRay~ AP view 0

Stamum (M8 ao 78 dat

View of Penis & Latarat View ar.

ade ate

3. Gow Sused ;

2. Egyphyeis of lower an

as ya of grate

Ning Fused weed. vege a :

w NeE Pp5p arly \ Je f soe LOIN raddiod an

B5 Siphy sehornaien ns doar ) an 'basis of caniosh Gas is

Seis See 3 os Sit.

Re Shankar Ram Or Mukesh Rumer Oh. Way Shankar On 4, & Singts Civil Surgeon iModica! OResr) {Modica! OW Maaaribag . Sadar # A

£2

Latier no, Fed dated 2s Ce fay fg = Supenn Hen ANT datas Gleyy

PSN

_LAVPN, Central dai, Mazaribeg vide jaiter nn

Sa Che? Surgean Hage fag g

vw State af Rejesthan" the Hon'ble

os .

fate in

Supreme Court has held that in cases involving heinous crimes it is duty of the Courts to scrutinize plea of fuvenility with extreme cahition to ensure that the same is not criployed to escape punishment. The materials collected In course of inve sligation

river a ot ~ : .

Uiscluse that Santash Fras has criminal antecedent amd he was

oth Ralinad dye IER No. GOS rE FORT S SHNERITS BAKE

invalved In three crimumal te ases of serious nature, There is no other

evidence as regards age of Santosh Das ~ oral or decumentary.

ven taking his age an the lower site within the margin of ane yea

the age of Santosh Das just falls short of leas than three months from IS years. In the afmresaid circumstances, we arc unable to amres with opinion of the Juvenile Justice Board, Giridih that as on 18" September 2600 Santosh I 288 WAS a juvenile.

&S6. in the result, runing { Appeal (98) Nos. 679 of 2011,

&&O of SULT, SSH af SGI and SO8 of BOL] are dismissed.

SY. Louki Das and Pintu Hazra were identified in TIP. They

took a plea that.

the | Code of Criminal Proc ey are ideniified i ine

' Sourt ' by ag

family members of

and Pi mou

fon af Louki Das: :

Bagaria, The dor

ication in TP. and on that

house of r 2009 is

swt has remained in

proved, "Pur

examined by them on this point. Aithoush n No seizure was made from their possession or at their pointing and Pintu Hagra did not

suffer a disclosure state tement, we hold that they were rightly

convicted under section 395 ef the Indian Penal Code and,

accordingly, Criminal Appeal (D8) Nos. 466 of 2011 and 754 of

The learned Sp 1 PP ars APP have stated that Bindu

iS in jall while the other appellants Pinku Pandey @ Fankal Santosh Das, Louk Das, Sita Ram Mahte @ Sita Ram Yaday, Bodho Paswan @ 2 Bedhu Paswan @ Diwakar Paswan, Churaman Yadav, Santosh Yadav and Pintu Nagra are on bait.

88, Vhe Gail-bonds furnished by appellants Pinku Pandey @

3 EVRA ABRRAL LER We, GOR AE RLS B SHRIGTLHR BRTAD.

Pankaj Pandey, Santosh Das, Louki Das, Bodhs Paswan @ Bodhu Pinta Hazra are cancelled, They shall serve the sentence.

60. The appellant Sita Ram Mahto @ Sits Ram Yadav is. cischarged of Lability of the bail -boruds firrnished by him.

GL. The appellant Bindu Ram shall be set free forthwith, not wanted in commection to any other case.

&. Let the lower-Court records be sent to the Court corsernedt forthwith. | .

&3, Let a copy of the Jud proent be trarnmitted to the Court

cencemmed and concerned Jail Superintendent through PAX. (Shree Chandrashekhar, J). Sade |

oo (Ratsaker Bhenera, J.)

yO oe