1
Criminal Appeal(S.J.) No.158 of 2001
with
Criminal Appeal(S.J.) No.160 of 2001
with
Criminal Appeal(S.J.) No.163 of 2001
with
Criminal Appeal(S.J.) No.177 of 2001
with
Criminal Appeal(S.J.) No.232 of 2001
with
Criminal Appeal(S.J.) No.240 of 2001
Against the judgment of conviction and order of sentence dated 27.4.2001
passed by Sri Sharang Dhar Singh, 5th Additional Sessions Judge, Dhanbad in
Sessions Trial No. 125 of 1998.
------------
1. Bindu Mandal ------- (Cr. Apl.158 of 2001)
2. Raju Kumar Sao -------- ( Cr. Apl.160 of 2001)
3. Mohan Rabidas ---------( Cr. Apl.163 of 2001)
4. Sanichar Rabidas @ Sanichar Chamar
5. Koka Rabidas@ Koka Chamar --------- ( Cr. Apl.240 of 2001)
6. Gorwa Rabidas @ Gorwa Chamar --------( Cr. Apl.232 of 2001)
7. Kanhai Mahato ------- ( Cr. Apl.177 of 2001)
Appellants
-Versus-
The State of Jharkhand ------- Respondent
---------
For the Appellants : M/S K.P.Singh, Sr. Advocate
(Cr.Appeal No.s 158/01,160/01, 163/01 Mr. M.K.Verma, Rajesh Kumar,
Mr. M. Tiwari, Advocates
For the Appellants : M/S Mahesh Tiwari &
(Cr.Appeal No.s 177/01,232/01, 240/01 Mr.S.P.Roy, Advocates
For the State : Mr. Prem Prakash, A.P.P.
-------
PRESENT
THE HON'BLE MR JUSTICE PRADEEP KUMAR
----
C.A.V on 13.1.2010 Pronounced on 10/3/2010
C.A.V on 14.1.2010
(Cr.Apl.Nos. 177/01,232/01, 240/01)
Pradeep Kumar,J. Heard the learned counsel for the appellants and learned
counsel for the state.
2. The instant appeal is directed against the the judgment of
conviction and order of sentence 27.4.2001 passed by Sri
Sharang Dhar Singh, 5th Additional Sessions Judge, Dhanbad in
Sessions Trial No. 125 of 1998 by which judgment he found the
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appellants namely Bindu Mandal (preferred Cr. Apl.158 of
2001), Raju Kumar Sao( preferred Cr. Apl.160 of 2001), Mohan
Rabidas( preferred Cr. Apl.163 of 2001), Sanichar Rabidas @
Sanichar Chamar & Kuka Rabidas@ Koka Chamar (both
preferred Cr. Apl.240 of 2001), Gorwa Rabidas @ Gorwa
Chamar( preferred Cr. Apl.232 of 2001), Kanhai Mahato
( preferred Cr. Apl.177 of 2001) guilty for the offence u/s 120B
and 395 of the I.P.C for hatching conspiracy for committing
docoity in broad day light from a running car on the road in cash
money which name of Gomoh Branch of Allahabad Bank was
going. All the accused - appellants were convicted and
sentenced to undergo R.I. for 7 years u/s 395 of the I.P.C and
also to pay a fine of Rs. 10,000 each and in default of payment
of fine, they were further directed to undergo R.I. for 3 years.
All the accused- appellants were also sentenced to undergo R.I.
5 years u/s 120B of the I.P.C. Apart from that three accused
persons namely Koka Rabidas (Chamar), Sanichar Rabidas
(Chamar) and Gorwa Chamar were found guilty u/s 412 of the
I.P.C and they were sentenced to undergo R.I. for 7 years with
a fine of Rs. 10,000/- and in default of payment of fine, further
R.I. for 3 years. All the above sentences were directed to run
concurrently.
3. It is submitted by learned counsel for the appellants that
prosecution has failed to prove any case of conspiracy for
committing the docoity and as such conviction of the appellants
u/s 395 of the I.P.C as also U/s 120B is bad in law and fit to be
set aside. It is submitted on behalf of the appellant, Bindu
Mandal that it will appear from page 10 para 8 of the impugned
judgment that he has been convicted only on the basis of the
statement made in the case diary which are not substantive piece
of evidence and as such his conviction in absence of any
evidence to make out a case of conspiracy is bad in law and fit
to be set aside. Learned counsel for the appellant, Raju Kr. Sao
has submitted that there is no evidence to support the statement
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of the Investigating Officer nor there is any recovery from his
possession and in absence of any evidence, he has wrongly been
convicted u/s 120 B of the I.P.C. Learned counsel for the other
appellants have also submitted that the conviction of the
appellants are bad in law and fit to be set aside.
4. On the other hand, learned counsel for the state has
opposed the same and submitted that all the witnesses have
stated that the appellants committed conspiracy to rob the cash
which was being carried in a car from one branch of Allahabad
Bank to another branch. As such, learned trial court has rightly
convicted the appellants u/s 395 and 120B of the I.P.C.
5. After hearing both the parties and after going through the
evidences on record, I find that the prosecution case was started
on the basis of the fardbeyan given by the informant,
Dharamnath Kumar, P.W.3, who stated that he is working as
cashier in Allahabad Bank, Gomoh, Hariharpur. On 1.7.1997 at
about 11.10 a.m on a private car bearing no. BHR 801 which is
run on hire, along with peon of the bank, Bindu Mandal he
collected Rs. 3 Lakhs from the Dhanbad Main Branch. Since,
the Santri guard was on leave, he had no guard with him. The
car was being driven by the driver, Suraj Prasad. He has stated
that earlier also he used to bring money from the main branch of
Allahabad Bank and bring the same to the branch of Gomoh. He
has stated that about 3 p.m he left the Dhanbad branch for
Gomoh Branch of Allahabad Bank. When the car reached near
Bhuian Chitro Gaon, where the road was a bit bad, the driver
slowed the vehicle. Then a black colour Rajdoot motorcycle
where there was sign of '+' ( doctor) also marked and name of
Dr. Raj Kumar was written overtook the Ambassador Car and
proceeded towards Chitro Basti and at a distance where the road
goes to Paharpur Jungle, there was old dilapidated primary
health centre. He stopped the motorcycle and started blowing
horn for signal. Thereafter, the motorcycle left away. When the
car reached near that dilapidated health center, then criminals
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came out and stopped the vehicle and then another person, who
was tall, put his revolver on the head of the driver. Thereafter,
both of them sat on the car. The person , who was sitting on the
front with the driver put revolver on the head and second man
sitting on the back where the informant was sitting, asked 4/5
persons behind the car to chase them. Then he made hulla to
which 4/5 villagers started running behind the car. They
identified the accused and the villagers stated that the accused
persons are of Hariharpur and named them as Shankarwa
Chamar, Kokwa Chamar, Sanicharwa Chamar and the person
sitting in the car were Gorwa Chamar and one Mumtaz of
Thakur Chouk.They were committing docoity in the car. Then
the accused persons, who were running from behind threw bomb
on the villagers due to which villagers stopped. The accused
running behind the car asked another one sitting inside the car to
run away with the vehicle. Thereafter, the accused sitting in the
vehicle took the car and drove towards Paharpur Jungle and at
the point of revolver asked the informant to come down.
Thereafter, they asked to open the dicky of the car . Thereafter,
they took out the cash box containing 3 Lakhs rupees and
demanded the key of the Cash Box and after keeping all the
money in their personal Jhola, they ran away towards
Hariharpur. Thereafter, 4/5 criminals who were running behind
the car also followed the accused who were running with the
money. They again threw bomb and fired from that revolver, so
that villagers and informant could not go behind them. After
sometime, police of Topchanchi police station reached the place
of occurrence and they also chased the accused persons along
with villagers . The driver of the car and peon of the bank also
chased the accused persons . The informant stated that the
accused persons including Koka Chamar, Shankarwa Chamar,
Sanicharwa Chamar and Gorwa Chamar of villager Hariharpur
and Mumtaz of village Thakur Chouk and they have been
identified by the villagers as also by the chaprasi-peon and
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driver and peon stated that they are dreaded criminal and docoit
of the area.
6. On the basis of the said fardbeyan, police registered a
case u/s 395/ 397 of the I.P.C and after investigation submitted
charge sheet in the case. Since, the case was exclusively triable
by the court of Sessions, Learned C.J.M committed the case to
the court of Sessions Judge and finally the case was tried by 5th
Additional Sessions Judge,Dhanbad who found the appellant
guilty and convicted and sentenced him as aforesaid.
7. It appears that the prosecution has examined 16 witnesses
to prove its case.
P.W.1 is Mansoor Ansari
P.W.2 is Md. Rafique
P.W.3 is Dharamnath Kumar,informant of the case.
P.W.4 is Omprakash Mahato
P.W.5 is Aminuddin
P.W.6 is Gulam Mustafa
P.W.7 is Purno Pal
P.W.8 is Sashi Bhushan Das
P.W.9 is Chaitu Karmakar
P.W.10 is Khiro Das
P.W.11 is Md. Jasim Akhtar
P.W.12 is Karim Ansari
P.W.13 is Tulsi Yadav
P.W.14 is Ramesh Kumar Singh
P.W.15 is Padmanabh Upadhyay
P.W.16 is Sanjay Kr. Rana
8. The prosecution has proved the formal F.I.R marked as
Ext.8, Fardbeyan as Ext.7, seizure list of money kept in a jhola
about Rs.55,000/- recovered from the house of Khiro Das kept
in the northern room of Koka Chamar marked as Ext. 9/1.
Seizure list of Rs. 28,000/- from the house of Md. Usman from
the possession of Gorwa Chamar marked as Ext-6. recovered
loaded desi pistol from the person of Md. Usman, 4 live
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cartridges marked Ext.6/1.Seizure of black Rajdoot motor cycle
bearing no. WMI 2361 with '+' sign and the name of Dr. Raj
Kumar was written marked as ext.7
9. P.W.1, Mansoor Ansari has stated in the court that the
occurrence took place about 1 year back. He was not at his
home. He had gone to Baghmara and when he reached in the
evening he came to know that money of the bank has been
looted, but he was not informed as to who were the persons
involved in the docoity. He was declared hostile by the
prosecution. He denied that he stated to the police that on the
date of occurrence i.e. on 1.7.1997, he stated to the police that at
3.30 when he was coming from Paharpur road, then to save
himself from rain, he took shelter in the dilapidated hospital . In
the building 8 persons were sitting and he identified them and
named them.
10. P.W.2, Md. Rafique ha stated that he does not remember
the date of occurrence and on the date of occurrence he had
gone to the his sasural at Khakhi kala village and when he
returned his home at about 7/7.30 in the evening , then he heard
about the occurrence. He denied that he gave any statement to
the police. He was also declared hostile. He also denied that he
stated to the police that the date of occurrence i.e 1.7.1997 at
3.30 p.m. when he was returning to his village through the
Paharpur road, then he saw the acused Mumtaz sitting with
revolver in Ambassador Car bearing no. BHR801 and on the
back side accused, Gorwa Chamar was sitting.
11. P.W.3, Dharmnath Kumar, who the informant of the case
and clerk of the Bank has stared that on the date of occurrence
when he left the Gomoh Branch of Allahabad Bank at 11.00 a.m
in an Ambassador Car bearing no. BHR801 along with bank
peon, Bindu Mandal, then they came to park market branch at
Hariharpur, Dhanbad and at about 1 p.m. after receiving 3 lakhs
rupees for his Gomoh branch, he left with the peon, Bindu
Mandal for Gomoh branch. Out of 3 lakhs rupees , one lakh
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rupees were in bundle of 100 rupee denomination and 2 lakhs
were in the bundle of 500 rupees denomination. All the packets
had mark of Park Market branch of Allahabad Bank with seal.
There was no security guard, since he was on leave on that day.
When the car reached Bhuiachitro Basti, where the road was not
good , then suddenly about 7/8 persons came with pistol and
bomb in their hands and they gardened the car from all side. It
was raining slightly at the time of occurrence. Two of the
accused sat on the front of the car who had revolver in their
hand and one person took the back sit. At the point of revolver
they asked them to keep their head down and the person sitting
in the front asked the driver to go towards the Paharpur and
after going some distance towards the lonely rood towards the
hill, they stopped the car and took out the key. Thereafter, they
opened the dicky of the car and took out the cask box. Then at
the point of revolver, they asked them to open the box.
Thereafter, opening the cash box, they took the money and left
the place. The villagers also came there running after they left.
After sometime police reached the place of occurrence. He gave
his statement to the police which was recorded as fardbeyan and
signed on the same marked as Ext.1. He also stated that where
the car was stopped i.e Bhuiyachitro just two minutes before, a
motorcycle had crossed them. He denied that the driver and
Chaprasi had told him about the name of the accused persons.
He was also declared hostile and he denied that in his fardbeyan,
as stated by the villagers, he had named them as Gorwa chamar,
Koka Chamar, Shankar Chamar, Sanichar Chamar of Hariharpur
and Mumtaz of Thakur Chouk. The witness only identified
Bindu Mandal, the peon of the bank and driver of the car
namely,Suraj Pd. He also stated that the seized currency notes
are not present in the court today. Subsequently, the seized
notes, which is material Ext. III were brought in the court on
14.12.1998
for subsequent examination in chief of the
informant. The material exhibits contained bundle of 100 rupees
8
currency notes and 50 rupees currency notes with seal and mark
of Allahabad Bank, Jamshedpur main Branch. 100 rupees
bundle were about Rs. 30,000/- with Allahabad bank seal. The
notes were marked as Ext.X to X/7 for identification. The
another material Ext. III/I was also opened in presence of
witness with rupees 10,000/- which had seal of Allahabad Bank
Park Market branch, Dhanbad and initial of cashier also.
Another bundle of Rs.50 denomination note about Rs.28,750
had also the seal and sign of cashier of Allahabad bank, Park
Market branch , Dhanbad. They were also identified by the
informant marked as Ext.Y/1 to Y/3
12. P.W.4, Omprakash Mahto stated in the court the house of
Kanhai Mahto is just by the side of his house and Dr. Raju and
Mohan Rabidas come there regularly or not , he cannot say. He
denied that on 30.6.1997, Mohan Rabidas and peon, Bindu
Mandal of Allahabad Bank along with Dr. Raju came on the
motorcycle bearing no. WMI2361 to the house of Kahnai
Mahto. He was also declared hostile and in cross examination he
refused that he stated the aforesaid fact that the peon and Dr.
Raju had come to the house of Kanhai Mahto along with Mohan
Rabidas.
13. P.W.5, Aminuddin has identified his signature on the
seizure list marked as Ext. 2, but denied that police recovered 3
box on which Dhanbad and Gomoh was written on black paint.
14. P.W. 6, Gulam Mustafa stated that the occurrence took
place on 1st of July 1997. At about 3.45 hearing hulla he came
out of his house and saw that some people are running towards
dilapidated hoslpital site on the road of Paharpur. He also heard
the sound of explosion and thought that some docoity is taking
place , then he came out of his house taking his licensee
Bandhook and again went to the place of occurrence. The he
saw that Ambassador Car is going towards the kachcha road
and people were running behind the vehicle. Lastly the car
stopped on the middle of road. The Villagers also reached there.
9
The staff of the bank and driver stated that docoits had taken 3
lakhs rupees from the Dhanbad Branch. They were going to the
Gomoh Branch of Allahabad Bank which has been looted by the
accused the persons. Thereafter, Officer Incharge with other
constable of Topchanchi branch came there. Thereafter, he came
back. He had not identified any accused persons and he denied
that he stated that a motorcycle bearing registration no.
WMI2361 with doctor sign was being driven by the accused
Raj Kumar who stopped near the dilapidated hospital and gave
some signal to 7/8 persons sitting there and thereafter, he
proceeded towards Gomoh.
15. P.W.7, Purno Pal also stated in the court that he was
posted as Senior Manager of Allahabad Bank, Gomoh Branch at
1997. The said branch is pension payee branch and in the end of
month money comes from the main branch of Dhanbad
whenever, required. On 30.7.1997, peon of the Bank namely
Bindu Mandal and Bill Clerk with cashier, Dharamnath Kumar
had gone to Dhanbad to bring money and on the next day they
were coming from Park Market Dhanbad with the money on a
rented car which was looted by the criminals on the way. He
received information at 4.30-5.00 in the evening , but he was not
disclosed the name of the docoits. In cross examination, he ha
stated that cashier, Dharamnath Kumar and peon, Bindu Mandal
directly came to the office of Branch Manager and gave detail of
the docoity and then he gave the information to the Manager
Operation.
16. P.W.8, Sashi Bhushan Das, A.S.I Topchanchi stated that
by the order of Officer In charge , Topchanchi branch, he
prepared the cover of the seized notes worth Rs. 55,000/- in the
denomination of Rs.50 currency notes and gave MR No.
17/1997 and another packet of Rs. 28,750 having mark of MR
No. 18/1997. Both the cover with currency notes bundle were
signed by Officer In charge Binod Kr. Rout. Bundles were
marked as Ext.3 and 3/1.
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17. P.W.9, Chaitu Karmakar stated that one and half years
back police came to Karkatta village to the house of the doctor.
The doctor was living in the house of Laddu Sao. The time was
about 8-9 in the night. His house was searched by the police. He
identified his signature on the seizure list which was marked as
Ext.Z for identification. This witness was also declared hostile.
He denied that the motorcycle bearing no. WMI2361 with ‘+’
sign on the number plate was recovered from the house of
doctor on which Raj Kumar was also written. He had put his
L.T.I on the same.
18. P.W.10, Khiro Das stated that accused Koka Chamar is
his ‘sala’ and he used to come to his house . About one and half
years back when police came to his house and made search at
about 4 a.m in the morning and recovered money and prepared
seizure list. He had put his L.T.I on the same which was marked
as Ext.Z/1 for identification. In his cross examination, he denied
that currency notes kept by Koka Chamar was recovered from
his house.
19. P.W.11, Md. Jasim Akhtar stated that he know nothing
about the occurrence and declared hostile. In cross examination
he denied that he stated to the police that on 1.7.1997 at 3.30 in
the evening , Mansoor Mian stated him that known criminal
namely Gorwa Chamar, Koka Chamar, Sanichar Chamar,
Shankarwa Chamar, Kayuum , Muslim and Kurban were sitting.
20. P.W.12, Karim Ansari has stated that Khiro Das stayed in
his village and about one and half years back in his presence
Khiro Das’s house was searched. He cannot say what was
recovered, but he signed on the seizure list. He identified his
signature on the seizure list marked as Ext.Z/1. He was declared
hostile and denied that police had recovered Rs. 55,000/- kept in
a bundle of 100 and 50 rupees currency note with slip of
Allahabad Bank.
21. P.W.13, Tulsi Yadav stated that the house of Khiro Das
is at a distance from his house and he identified his signature on
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the seizure list marked as Ext. Z/2. He has also been declared
hostile and denied that police had recovered Rs. 55,000/- kept
in Jhola from the house of Khiro Das in the bundle of 100 and
50 rupee currency notes with slip of Allahabad Bank. He denied
that Khiro Das and Koka have also put their L.T.I in his
presence marked as Ext.Z/1.
22. P.W.14, Ramesh Kr. Singh, cashier of Allahabad Bank,
Park Market Branch, Dhanbad stated that on 1.7.1997 cashier,
Dharamnath Kumar and peon of Gomoh branch came and on the
direction of the Branch Manager, he prepared voucher and gave
10 bundle of 100 rupee denomination about one lakh rupees
containing Rs.10,000/- each and 40 packets of Rs.50
denomination total two lakh rupees every pocket containing
Rs.500/- . Each had slip of Allahbad Bank and seal. In presence
of Lawyers of both parties packets ext. 3 and 3/1 were opened.
He identified the slip marked as y to y/4 having the seal and
signature of his Park Market Branch.
23. P.W.15 Padmanabh Upadhayay stated in the court that he
was posted at Topchanchi Branch on the date of occurrence i.e
dated 1.7.1997 and on 24.7.1997 at about 6.15 in the morning he
had recovered Rs.28,750 from the house of Usman Mian @
Yasir Mian from the room of Gorwa Chamar kept in his ‘sirhana’
in attache. The recovered money was in the bundle of Rs. 100
currency note which are 10 in number with slip of Allahabad
Bank Branch . He also recovered 3 bundles of Rs.50 currency
notes with Allahabad Bank slip total Rs.15,000/- He also
recovered Rs. 3750 rupees in the denomination of Rs.50 which
were opened. He proved the seized notes bundle marked as Ext.
5 to 5/3. The currency notes recovered in presence of two
independent witnesses. He proved the seizure list marked as
Ext.6. He also recovered licensed desi pistol with 2.315 live
cartridges from the same place and prepared seizure list in
carbon copy which was signed by the independent witnesses
now also signed by him. He has also stated that the person
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arrested from the room was identified by the inmates of the
house as Gorwa Chamar. He has proved the seizure list marked
as ext. 6/1. He identified the accused Gorwa Chamar in court
who was arrested by him. In cross examination he has stated
that accused Gorwa Chamar was sleeping on the bed by keeping
the attachee filled with notes under his head. The house owner
was Usman Mian. The arm was recovered from the possession
of the accused Usman Mian and he had criminal history.
24. P.W.16, Sanjay Kumar Rana is the Investigating Officer
of the case. He has stated that on hearing rumour at about 4.00
p.m that on the Gomoh road near Bhuiyachitro Basti some
criminal are committing loot of an Ambassador Car. He entered
the information in the station diary and after taking the police
constables present in the Thana along with A.S.I G.S. Yadav,
Mangal Hembrum and armed force, he left for the place of
occurrence. At about 4.30 when he reached kachcha road near
Paharpur Jungle then he recorded fardbeyan of Informant,
Dharamnath Kumar. He proved the fardbeyan which was in his
writing and signature marked as Ext.7, formal F.I.R -Ext.8. He
gave the detail of the place of occurrence . He had found sign of
explosion and sutli near the place of occurrence. He prepared the
seizure list of the vacant cash box of the Bank from which the
money was taken away by the criminals. He recorded the
statement of the witnesses and came to know that the
motorcycle no. WMI 2361 had crossed the Ambassador Car
with name of Raj Kumar written in the number plate and sign of
‘+’ which belonged to Dr.Raju, then on inquiry he came to know
that the said Raj Kumar stays in the house Laddu Sao. Then he
recovered the said motorcycle no. WMI2361. He has proved the
seizure of the motorcycle marked as Ext.9. At para 11 he also
stated that on on 6.7.1997, while he was investigating, he went
to village Ambadih and arrested Koka Chamar, who confessed
his guilt and stated that he has kept the money in the house of
Khiro Das from where he recovered Rs.55,000/- which were
13
kept in the denomination of Rs.100 and 5 bundle having seal of
Allahabad Bank. He prepared seizure list. He proved the seized
notes as Ext.9/1. Independent witnesses had also signed the
same. He said that Koka Chamar has also named Suraj Prasad
and Bindu Mandal as co-accused and he arested both of them.
He has stated that subsequently, during investigation he also
arrested Sanichar Rabidas and on his confessional statement he
recovered Rs. 20,000/- of this docoity and prepared seizure list.
Subsequently, he also arrested Gorwa Chamar from the house
of Md. Usman @ Yasin and recovered Rs. 28,750 of Allahabad
Bank kept in a attache under his ‘sirhana’ and prepared seizure
list. He also arrested Md. Rafique, who stated that he
participated in the docoity. They stopped Ambassador Car
bearing no. BHR801 and in the front seat, Kayyum and Mumtaz
took the seat and in the back seat Gorwa Chamar took his seat. 5
accused persons were coming from back. After taking the
money in their custody, he threw bomb to scare the witnesses
and Sanichar and Koka fired , but nobody was injured. Then
they ran away. He also gave the statement made before him by
Omprakash Mahto, Gulam Mustafa , Md. Jasim Akhtar and
others.
25. Thus, from the evidences as discussed above, it is
evidently clear that during investigation, as disclosed by the
evidence of the P.W.s with regard to the docoity committed by
the accused, who had committed docoity on the Paharpur road
and looted about 3 lakhs rupees which were being taken by the
informant-clerk and peon, Bindu Mandal from the Park Branch
of Allahabad Bank , Hirapur, Dhanbad to Gomoh Branch. The
Investigating Officer arrested Koka Chamar and on his
confession recovered Rs. 55,000/- kept in Jhola. All the notes
were in the bundle of 100 rupee kept in the 3 bundles and also 5
bundles of Rs.50 denomination having seal and mohor of
Allahabad Bank. The seizure of the aforesaid notes were also
proved by the seizure witnesses. P.W.10 Khiro Das from whose
14
house the notes were recovered in presence of accused Koka
Chamar was proved by Khiro Das , although he refused to
accept that money was seized in his presence. Another seizure
list witness, P.W.12, Karim Ansari also identified his signature
on the seizure list marked as Ext.2/1. Although, he denied that
Koka and Khiro had put their L.T.I in their presence marked as
Ext.z and z/1for identification. The recovered notes had the slip
and seal and also signature of the cashier of the Park Branch of
Hirapur Allahabad Bank which was also identified by P.W.14
Ramesh Kr. Singh-cashier of the Bank.
26. Thus, the prosecution has proved beyond reasonable
doubts that appellant namely Koka Chamar @ Koka Rabidas
participated in the docoity after making conspiracy with the
other docoits and as such he has rightly been found guilty and
convicted by the trial court. It also appears that on the basis of
the statement of the witnesses, accused, Sanichar Chamar @
Sanichar Rabidas also stated, as stated to the Investigating
Officer in para-13 of his statement, that on his instance
Rs.20000 was recovered in presence of independent witnesses
and S.I. Anwar Ali. Seizure of the notes has already been proved
by the witnesses as aforesaid. Hence, the trial court has rightly
convicted appellant, Sanichar Rabidas @ Sanichar Chamar. In
the above facts and circumstances, the Cr. Appeal No. 240 of
2001 filed by Sanichar Rabidas @ Sanichar Chamar and Koka
Chamar @ Koka Rabidas are without any merit and
accordingly, their appeals are dismissed.
27. It also appears from the evidence as discussed above that
on the basis of the evidences of the witnesses, during
investigation on 23.7.1997, the Investigating Officer arrested
Gorwa Chamar as stated by him in para 14 of his statement and
he recovered about Rs. 28,750 from the possession of Gorwa
Chamar kept in the attache under his ‘sirhana’ having slip of
Allahabad Bank with seal. Seizure of the aforesaid Rs.28,750
kept in bundle of denomination of 100 and 50 have also been
15
proved by seizure witnesses, P.W.10, P.W.12 and P.W.14 and
hence, conviction and sentence passed by the trial court against
the accused Gorwa Chamar is well founded and requires no
interference by this court. Hence Cr. Appeal no. 232 of 2001
filed by the appellant Gorwa Chamar is dismissed having no
merit.
28. It also appears from the evidences of the Investigating
Officer that on the statement of the witnesses made during
investigation that Rajdoot motorcycle bearing No. WMI2361
was being driver by Raju Kr. Sao who had given signal to the
acused persons after crossing the Ambassador Car and
subsequently, the Investigating Officer stated that the said
motorcycle was seized from the house of Laddu Sao were the
accused Dr. Raju kr. Sao used to reside. The seizure list of the
said motorcycle was also proved by the seizure witnesses,
P.W.9, Chaitu Karmakar, who was declared hostile and did not
accept that the motorcycle was recovered in his presence nor the
witness accept his statement given that the accused, Dr. Raju
Kumar Sao had come to the house of Kanhai Mahto along with
accused, Mohan Rabidas and Bindu Mandal and as such,
although, during investigation some witnesses had named them
as co accused, but there is no substantive piece of evidence
against them, since, the witnesses have turned hostile and there
is no evidence to prove that peon of Allahabad bank, Bindu
Mandal, Dr. Raj Kumar Sao , Kanhai Mahto and Mohan
Rabidas were also part of the conspiracy in committing docoity
of the moneywhich used to go regulslary from Dhanbad main
Branch to Gomoh Branch of Allahabad Bank and on the date of
occurrence the accused persons committed the docoity, hence
the accused, Dr. Raj Kumar Sao, who has preferred Cr. Appeal
No. 160/2001 is given benefit of doubt and acquitted from the
charges. Similarly, accused Kanhai Mahto , who has preferred
Cr. Appeal No. 177/2001is also given benefit of doubt and
acquitted from the charges. Further, accused Mohan Rabidas,
16
who has preferred Cr. Appeal No. 163/2001 is also given benefit
of doubt and acquitted from the charges. Accused Bindu
Mandal, who has preferred Cr. Appeal No. 158 of 2001 against
whom also evidence has come during investigation that he
conspired with Dr. Raj Kumar Sao and accused Mohan Rabidas
and had gone with them in the motorcycle bearing no. WMI
2361 to the house of Kanhai Mahto and made conspiracy for
committing docoity on 30.6.1997 just the day before the
occurrence, which is very shocking that a regular employee of
the Allahabad Bank, who was entrusted every time to bring
money , participated in the docoity in his own branch, but since,
the witnesses have turned hostile in court and there is no
substantive evidence to prove the charge of conspiracy by him
beyond reasonable doubt, he is acquitted from the charge giving
benefit of doubt. The Allahabad Bank is directed to take action
against him for such misconduct under the Bank Rule.
29. In the result, Cr. Appeal No.s 158 of 2001, 163 of 2001,
177 of 2001and 160 of 2001 are allowed. Since, the appellants
namely, Dr. Raju Kumar Sao, Bindu Mandal, Mohan Rabidas,
Kanhai Mahto are on bail, they are released from the bondage of
bail bond. Further, Cr. Appeal No.s 232 of 2001 and 240 of
2001 are dismissed. Appellants namely, Gorwa Chamar @
Gorwa Rabidas, Koka Chamar @ Kuka Rabidas and Sanichar
Chamar @ Sanichar Rabidas are also on bail. Hence, their bail
bond is cancelled and learned trial court is directed to issue non-
bailable warrant of arrest against them for serving out the
sentence.
[Pradeep Kumar, J]
Jharkhand High Court, Ranchi
The 10/3/2010
A.K.M