Md. Nasir Ansari vs The State Of Jharkhand
2023 Latest Caselaw 941 Jhar

                                                       Cr. Revision No.184 of 2016
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 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr. Revision No.184 of 2016
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1. Md. Nasir Ansari

2. Haru Goswami

3. Md. Daud Ansari ... Petitioners

-Versus-

The State of Jharkhand                                     ...   Opp. Party
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CORAM:          HON'BLE MR. JUSTICE AMBUJ NATH
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For the Petitioners          : Mr. Md. Zaid Ahmed, Advocate
For the State                : Mr. Moti Gope, A.P.P

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C.A.V. On : 25/01/2023                     Pronounced On: 27/02/2023

       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 Cr. Revision No.184 of 2016

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 Cr. Revision No.184 of 2016

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, 1 st 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.

(Ambuj Nath, J.) BS/-