{"id":125941,"date":"2010-03-10T00:00:00","date_gmt":"2010-03-09T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/kishnadeo-prasad-anr-vs-state-of-jharkhand-on-10-march-2010"},"modified":"2019-04-12T13:35:02","modified_gmt":"2019-04-12T08:05:02","slug":"kishnadeo-prasad-anr-vs-state-of-jharkhand-on-10-march-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/kishnadeo-prasad-anr-vs-state-of-jharkhand-on-10-march-2010","title":{"rendered":"Kishnadeo Prasad & Anr. vs State Of Jharkhand on 10 March, 2010"},"content":{"rendered":"
Jharkhand High Court<\/div>\n
Kishnadeo Prasad & Anr. vs State Of Jharkhand on 10 March, 2010<\/div>\n
                            Criminal Appeal No. 458 of 2001\n                                           With\n                            Criminal Appeal No. 462 of 2001\n                                           ----\nAgainst the judgment of conviction and order of sentence dated 29.9.2001 passed by Shri\nDevendra Kumar Lal, VIIth Additional Judicial Commissioner, Ranchi in Sessions Trial\nNo. 419 of 1997 and 185 of 1998.\n                                           ---\n   1. Kishnadeo Prasad.\n   2. Shaila Devi                   .. Appellants ( In Cr.Appeal No. 458\/01)\n                     -Versus-\n   The State of Jharkhand                                  .... Respondent.\n                                           ---\n       Manoj Sinha                  ...Appellant ( In Cr. Appeal No. 462\/01)\n                     -Versus-\n   The State of Jharkhand                                  ........Respondent.\n                            --\n\nFor the Appellants      : M\/s. B.M.Tripathy, Sr. Adv.\n                          and A.K.Sahani, Adv ( In both the cases)\nFor the Respondent      : Mr. Md. Hatim, APP.\n                        ---\n                                PRESENT\n                HON'BLE MR. JUSTICE PRADEEP KUMAR\n\nReserved on 8.2.2010                                 Pronounced on      10\/ 03\/2010\n\nPradeep Kumar,               These appeals are directed against the judgment of\n              conviction and order of sentence dated 29.9.2001 passed by Shri Devendra\n              Kumar Lal, VIIth Additional Judicial Commissioner, Ranchi in Sessions\n              Trial No. 419 of 1997 and 185 of 1998, by which judgment he found both\n              the appellants, Kishnadeo Prasad and Shaila Devi (In Cr. Appeal No.\n              458\/01) guilty under Section 412 of the Indian Penal Code as also under\n              Section 25(1-B) and 26 of the Arms Act and sentenced them to undergo\n              R.I. for 4 years under Section 412 of the Indian Penal Code, R.I. for 3\n              years for offence under Section 25(1-B) of the Arms Act and R.I. for 4\n              years under Section 26 of the Arms Act. However, he directed all the\n              sentences to run concurrently. He also found the accused-appellant, Manoj\n              Sinha ( In Cr. Appeal No. 462\/01) guilty under Section 212 of the Indian\n              Penal Code and sentenced him to undergo R.I. for 2 years.\n              2.             Since, both the appeals arise out of the same judgment,\n              hence both the appeals were heard together and are being disposed of by\n              this common judgment\n              3.             It is submitted by the learned counsel for the appellant,\n              Manoj Sinha that there is absolutely no evidence that the appellant, Manoj\n              Sinha had any knowledge that the other accused persons, Kishnadeo\n              Prasad and Shaila Devi, who had taken his house on rent, are keeping\n              criminals with them and are also keeping the theft articles in their tenanted\n              premises and as such his conviction under Section 212 of the Indian Penal\n              Code is bad in law and fit to be set aside.\n                                -2-\n4.             Learned counsel for the appellants, Kishnadeo Prasad and\nShaila Devi has also stated that the theft articles and other illegal arms and\nammunitions have been recovered from another room and as such they\nhave no knowledge that the co-tenants living with them are criminals and\nthey are keeping theft articles in their houses and as such their convictions\nunder Section 412 of the Indian Penal Code as also under Sections 25(1-B)\nand 26 of the Arms Act, is also bad in law and fit to be set aside.\n5.             On the other hand, learned counsel for the State has\nopposed the prayer and submitted that all the appellants had knowledge\nthat they are hardened criminals and are also keeping the theft articles in\ntheir houses and as such they have rightly been convicted.\n6.             After hearing both the parties and going through the record,\nI find that the instant case was started on the basis of a written report filed\nby Nakul Dubey, S.I. of Argora Police Station stating therein that on\n3.1.1997<\/pre>\n
 during investigation of Argora P. S.Case No. 1\/97 registered
\nunder Sections 302, 307 and 427 of the Indian Penal Code and 27 of the
\nArms Act at about 3 P.M. he received information that in Dhela Toli under
\nArgora Police Station in the house of Manoj Sinha where               accused,
\nKishnadeo Prasad is living with other criminals, Subhash Singh of
\nKadamkuan, who are committing crime in the town regularly and where
\nthe criminals are keeping theft articles and other illegal arms and
\nammunitions. Then, he along with other police officers named in the F.I.R.
\nleft for the said place and reached Dhela Toli at about 4.15 p.m. in the
\nevening. Seeing the police jeep, 2-3 persons started running away from
\nthe house. The police chased and caught hold of one person, who
\ndisclosed his name as Kishnadeo Prasad and stated that he had taken the
\nhouse on rent from Manoj Sinha, who resides at Hinoo, Ranchi. Then, the
\nsaid Manoj Sinha was informed and called him from his house and
\nthereafter he came to Dhela Toli at 6.30 p.m. in the evening. Then, in
\npresence of the local witnesses, Prem Singh and Sushil Kumar both of
\nDhela Toli, was searched and from the northern side room in which
\nKishnadeo Prasad resides one tape recorder, one V.C.P., regulator, Beltron
\nT.V., stabilizer, gas burner, ceiling fan and tools and other things were
\nrecovered. Another room which was connected with this room about
\nwhich Kishnadeo Prasad stated that Sushil, Puttu @ Guddu were living
\nand they had gone out. They also recovered V.I.P. Attache, containing 6
\ncountry made pistol, 1 revolver, 16 cartridges of .315 bore, 2 used
\ncartridge of 315 bore, 4 cartridge of 380 bore and hand grenade on which
\nO.K. 1982-10-36-MMK-1 was scribed, a bawl of silver, stereo of Soni,
\nYasika camera, 8 bangles, green churi, payal, for which the accused,
\nKishnadeo Prasad had no explanation nor Manoj Sinha gave any
\n                                -3-<\/span>
\nexplanation. The police in presence of independent witnesses prepared a
\nseizure-list of the articles i.e. arms and ammunitions. On inquiry,
\nKishnadeo Prasad told him earlier he along with his wife and children
\nwere living in New A.G. Co-operative Colony in the house of Arvind Ram
\nin day time and in the night they come to this room. Since Shaila Devi
\nlooks after his articles which were kept with her. The I.O. has stated that
\nSubash Sinha a criminal of Patna in collusion with Kishnadeo Prasad,
\nShaila Devi, Puttu @ Guddu are committing crime in the town and are
\nkeeping the arms and ammunitions and looted articles under the protection
\nof Shaila Devi and Kishnadeo Prasad in the house of Manoj Sinha.\n<\/p>\n
7.     On the basis of said written report, the police registered a case
\nunder Sections 412, 212 of the Indian Penal Code and 25(1-B), 26 and 35
\nof the Arms Act and 35 of the Arms Act and 3\/5 Explosive Substance Act
\nand after investigation submitted charge-sheet under the aforesaid
\nSections.\n<\/p>\n
8.     Since, the case was exclusively triable by a court of Sessions, the
\nlearned Chief Judicial Magistrate after taking cognizance of the case
\ncommitted the case to the court of sessions and subsequently the case was
\ntransferred and tried by the 7th Additional Judicial Commissioner, who
\npassed the aforesaid judgment and found the appellants guilty as aforesaid.\n<\/p>\n
9.     It appears that in course of trial the prosecution has examined 7
\nwitnesses. P.W.1 Banshidhar Prasad, ASI, P.W.2, Ganesh Kumar Singh
\nA.S.I. Argora Police Station, P.W.3, Subhash Prasad Gupta, P.W.4, Nakul
\nDubey-informant, P.W.5, Prem Singh-seizure-list witness, P.W.6, Naresh
\nKumar Sinha and P.W.7, Kameshwar Singh is the Investigating Officer of
\nthe case.\n<\/p>\n
10.    P.W.4-informant has fully supported the prosecution case, as
\ndisclosed by him, in the F.I.R. and stated that on the date of occurrence i.e.
\non 3.1.97 while investigating the Argora P.S.Case No. 1\/97 registered
\nunder Sections 302, 307 and 427 of the Indian Penal Code and 27 of the
\nArms Act he learnt that in the house of Manoj Sinha at Dhela Toli where
\ncriminals are living and they have kept illegal arms and ammunitions and
\ntheft articles in that house. Then, he along with other police officers and
\narmed forces went to the house of Manoj Sinha at Dhela Toli. When they
\nreached near the house of Manoj Sinha then, 2-3 persons started running
\naway from the house. The police chased and caught hold of one person,
\nwho disclosed his name as Kishnadeo Prasad and stated that he had taken
\nthe house on rent from Manoj Sinh, who resides at Hinoo, Ranchi. Then,
\nthe said Manoj Sinha was informed and called him from his house and
\nthereafter he came to Dhela Toli at 6.30 p.m. in the evening. Then, in
\npresence of the neighbouring witnesses, Prem Singh and Sushil Kumar
\n                                -4-<\/span>
\nboth of Dhela Toli, the house was searched and illegal arms and
\nammunitions and theft articles were seized. A seizure-list was prepared in
\npresence of independent witnesses. Copy of which was given to
\nKishnadeo Prasad. He proved his signature on the seizure-list, which is
\nmarked as Ext-1\/1. He also proved the signature of Kishnadeo Prasad,
\nwhich is marked as Ext. 1\/2 and Manoj Sinha, which is marked as Ext.
\n1\/3. In the northern room they stated that Mithilesh, Bachha Jee, Sushil
\nreside and at the time of seizure wife of Kishnadeo Prasad was present in
\nthat room in which V.C.P., T.V. and other articles were recovered and
\nfrom the V.I.P. Attache 6-7 country made pistols, one revolver and bomb
\nwere recovered. Both the rooms were connected with each other. The
\nsecond seizure-list was also proved by the informant, which is marked as
\nExt. 2 and his signature, which is marked as Ext. 2\/1 and the signature of
\nManoj Sinha and Kishnadeo Prasad, which are marked as Ext. 2\/2 and 2\/3.
\nThe informant presented all the seized articles in a seal cover, which was
\nopened in Court and the material exhibits i.e. 6 country made pistols and
\nrevolver, cartridge and bomb were found in the seal cover. The informant
\nfurther stated that the two rooms which was searched, were connected by
\ncommon door and at the time of seizure the door was opened and they
\nwere in possession of Kishnadeo Prasad and his wife. Although,
\nKishnadeo Prasad stated that the second room which belonged to
\nMithilesh, Baccha Jee, who are absconding. He also stated that he along
\nwith his wife as well as Sushil Sonar, Saroj, Mithilesh, Bacha Jee
\npreviously used to live in New A. G. Co-operative Colony of Arvind
\nRam’s house and one month back he left that house along with his wife
\nand children and came here. He proved his written report, which is as Ext.
\n3 and his signature as Ext. 3\/1. He proved the writing on the written
\nreport, which was sent to Doranda Police Station. All the arms and
\nammunitions were recovered, which were marked as material exhibits II to
\nXXX.\n<\/p>\n
         In his cross-examination, he stated that Manoj Sinha told him that
\nMithilesh and Kishandeo Prasad are living in this house as tenants. He
\nfurther stated that Manoj Sinha was not present at the place of occurrence
\nand he was called by telephone from his house at Hinoo. Witnesses of
\nsurrounding also stated that the house owner, Manoj Sinha resides at
\nHinoo.    He also stated that the arms and ammunitions were sent for
\nexamination and they were found operational.\n<\/p>\n
11.      The other witness, P.W.1 Banshidhar Prasad, ASI stated that on
\n3.1.1997, he was posted at Argora Police Station. When, Officer-in-
\ncharge, Nakul Dubey received secret information that some of accused of
\nmurder case are staying in the house of Manoj Sinha at Dehla toli. Then,
\n                               -5-<\/span>
\nhe along with other police officers went to the house of Manoj Sinha at
\nabout 4.15 P.M. and when they reached near the house of Manoj Sinha
\nthen, 2-3 accused persons started running away. At this, the police party
\nchased and arrested one person, who disclosed his name as Kishnadeo
\nPrasad. He further stated that he is a tenant of Manoj Sinha, who resides at
\nHinoo. Then, Manoj Sinha was called by telephone and then in presence
\nof two local witnesses the house was searched from where a hand granade,
\n6 country made pistols, 16 live cartridges of 315 bore, 2 used cartridges of
\n315 bore, ornaments and clothes were recovered. The seizure-list was
\nprepared in his presence. The house owner, Manoj Sinha or the tenant,
\nKishnadeo Prasad could give no explanation of the aforesaid arms,
\nammunitions and articles. Copy of seizure-list was given to the accused
\npersons in Court.\n<\/p>\n
       In his cross-examination, he stated that the telephone number of
\nManoj Sinha was taken from Kishnadeo Prasad. Then, he was called from
\nhis house at Hinoo. He also stated, in his cross-examination, that Manoj
\nSinha was not residing in the house from where the recovery was made.
\nHe further stated in his cross-examination, that there is one room on the
\nwestern side, which was in possession of the landlord, Manoj Sinha, which
\nwas found closed and nothing was recovered from that room and northern
\nroom, which was in possession of the accused, Kishnadeo Prasad and his
\nwife, Shaila Devi. The second northern room is said to be in possession of
\nMithilesh, Bachha Jee and their friends. Both rooms were interconnected
\nand were opened at the time of seizure.\n<\/p>\n
12.    The other witness P.W.2, Ganesh Kumar Singh also stated that at
\nthe time of occurrence he was under training of A.S.I at Argora Police
\nStation received secret information at 3 p.m. that criminals are staying in
\nthe house of Manoj Sinha at Dehla toli. Then, he along with other police
\nofficers went to the house of Manoj Sinha at about 4.15 P.M. where
\naccused Kishnadeo Prasad was arrested while running away with others
\nand he stated that he is tenant of Manoj Sinha, who resides at Hinoo.
\nThen, Manoj Sinha was called by telephone and then in his presence arms
\nand ammunitions were recovered. The seizure-list was prepared in his
\npresence. A copy of which was given to him and also to house owner,
\nManoh Sinha.\n<\/p>\n
       In his cross-examination, he stated that the recoveries were made
\nfrom the room of Kishnadeo Prasad          and the 2nd continuous room
\nconnected by another door which was opened and stated by Shaila Devi
\nthe second room in possession of Sushil, Saroj and Baccha Jee.\n<\/p>\n
                               -6-<\/span><\/p>\n
13.    The other witness, P.W.3, Subhash Prasad Gupta also stated the
\nsame thing and supported the seizure made from the room of accused,
\nKishnadeo Prasad and Shaila Devi.\n<\/p>\n
       At para 5, in his cross-examination, he stated that the house owner,
\nManoj Sinha was residing at Hinoo from where he was called.\n<\/p>\n
14.    The other witness, P.W.5, Prem Singh, he proved his signature on
\nthe seizure-list, which is marked as Ext 2\/4 and \u00bc.\n<\/p>\n
15.    The other witness, P.W.6, Naresh Kumar Sinha stated that he is
\nson of the neighbour of Kishnadeo Prasad.\n<\/p>\n
16.    The other witness, P.W.7, Kameshwar Singh is the Investigating
\nOfficer of the case stated that on 3.1.1997 he received confidential
\ninformation while investigating of Argora P.S.Case No. 1\/97 under
\nSection 302,306,426,34 of the Indian Penal Code and 26 of the Arms Act
\nof some criminals are residing in the house of           Manoj Singh with
\nKishnadeo Prasad at Delha Toli. Then, they made a raiding party and
\nraided the house. When they reached there then 2-3 accused persons
\nstarted running away. Then, they were chased and one accused was
\narrested, who disclosed his name as Kishnadeo Prasad and he told that he
\nis a tenant of Manoj Sinha, who resides at Hinoo. Then, Manoj Sinha was
\ncalled by telephone and then in presence of independent witnesses his
\nhouse was searched and from two rooms in his possession and which was
\ninterconnected and opened the arms and ammunitions were recovered . On
\nthe basis of which F.I.R. was registered. He proved the formal F.I.R which
\nis marked as Ext. 4. Then, investigation was entrusted to him. He made an
\ninspection the place of occurrence and recorded the statement of the
\nwitnesses and send the arms and ammunitions to F.S.L. and after receiving
\nthe report of F.S.L., which is proved as Ext.-6 and after the supervision by
\nSuperior Authority he submitted charge-sheet in the case.\n<\/p>\n
       At para 9, in his cross-examination, he stated that Manoj Sinha is a
\nstudent and he has got no criminal history and resides at Hinoo about 5
\nkilometers away from his rented house at Dehla toli at Argora and the
\nraiding party reached at the place of occurrence Manoj Sinha was not
\npresent there and after taking his telephone number from Kishnadeo
\nPrasad called from Hinoo’s house. The recoveries were made through two
\nnorthern rooms, which were in possession of           Kishnadeo Prasad and
\nShaila Devi and they stated that the 2nd room which was connected and
\nopened it belongs to Sushil, Saroj,Mithilesh and Baua Jee.\n<\/p>\n
17.    The other witness, P.W.8, Ravindra Pd. has proved the sanction
\norder for prosecution under the Arms Act, which is marked as Ext. 10.\n<\/p>\n
18.    The defence has also examined as D.W., Ram Ayodhya Singh
\nArya, a retired Government officer, father of the accused, Manoj Sinha,
\n                                 -7-<\/span>
\nwho stated that the delha toli house situated in khata no. 212, plot no. 2045
\nE, area 6 kathas, 9 chhatak and 10\u00bd ft. it belongs gto him and he has got
\nconstructed kacha house of six rooms with asbestos roof and he himself is
\nresiding with his children at Hinoo. He had given Dhela toli house on rent.
\nHe proved his sale deed, which is marked as Ext. A. He stated that on the
\ndate of occurrence in 1997 his son, Manoj Sinha was a school student and
\nthe house actually belongs to him.\n<\/p>\n
19.    Thus, from the aforesaid evidences as discussed above, it is
\napparent although the house belongs to Manoj Sinha and the same was
\nconstructed by his father, Ram Ayodhya Singh Arya and his son himself
\nwas student at that. The Investigating Officer, who investigated the case as
\nP.W.7 stated that at the time of occurrence Manoj Sinha was a student and
\nthere is no criminal history against him and he was also not present at the
\nplace of occurrence i.e. tenanted house, which was in the possession of
\naccused, Kishnadeo Prasad and Shaila Devi. The accused, Manoj Sinha
\nhad no knowledge that they were keeping theft articles as well as some
\ncriminals in their house.\n<\/p>\n
20.    It is important to note that all the witnesses have stated that
\nKishnadeo Prasad along with other accused persons were living at New
\nA.G. Co-operative Colony and just one month back he left this house. In
\nthat view of the matter, it cannot be inferred that Manoj Sinha had
\nknowledge that he had given the house to Kishnadeo Prasad and Shaila
\nDevi, who have got nexus with the criminals and are hardened criminals
\nand keeping their arms and ammunitions and theft articles in his house.
\nHence, the appellant, Manoj Sinha ( In Cr.Appeal No. 462\/01) is given
\nbenefit of doubt and acquitted from the charges levelled against him.\n<\/p>\n
21.    In the result, the appeal filed by appellant, Manoj Singh ( in Cr.
\nAppeal No. 462\/01) is allowed and his conviction and sentence under
\nSection 212 of the Indian Penal Code passed by Shri D.K.Lal, VIIth
\nAdditional Judicial Commissioner, Ranchi in S.T. No. 419\/97 with S.T.
\nNo. 185 of 1998 is set aside.\n<\/p>\n
22.    The appellant, Manoj Singh ( in Cr. Appeal No. 462\/01) is on bail,
\nhe is released from the bondage of his bail bond.\n<\/p>\n
23.    As far as the appeal filed by Kishnadeo Prasad and Shaila Devi is
\nconcerned, there are sufficient evidence that the recovery of arms and
\nammunitions and theft articles were made in their presence from the room
\nunder their possession. Two rooms were interconnected and was opened at
\nthe time of seizure the accused, Shaila Devi was present inside and
\nnobody else was present, so both rooms were in possession of accused
\nKishnadeo Prasad and Shaila Devi.\n<\/p>\n
                                                    -8-<\/span><\/p>\n
             24.    In that view of the matter, it has been proved beyond reasonable
\n             doubt that these two appellants, Kishnadeo Prasad and Shaila Devi were
\n             keeping the criminals with them and also they had kept the arms and
\n             ammunitions and theft articles in their room, which was in their possession
\n             and the seizure was proved by the witnesses, hence I find no merit in the
\n             appeal filed by the appellants, Kishnadeo Prasad and Shaila Devi ( in Cr.
\n             Appeal No. 458 of 2001) and their conviction and sentence is sustained
\n             and the appeal is dismissed.\n<\/p>\n
             25.    The appellants, Kishnadeo Prasad and Shaila Devi ( In Cr. Appeal
\n             No. 458 of 2001) are on bail. Their bail bond is cancelled and learned trial
\n             court is directed to issue warrant of arrest against them for serving out the
\n             sentences.\n<\/p>\n
                                                           [ Pradeep Kumar,J]
\nJharkhand High Court, Ranchi
\nThe 10\/ 03 \/2010
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Jharkhand High Court Kishnadeo Prasad & Anr. vs State Of Jharkhand on 10 March, 2010 Criminal Appeal No. 458 of 2001 With Criminal Appeal No. 462 of 2001 —- Against the judgment of conviction and order of sentence dated 29.9.2001 passed by Shri Devendra Kumar Lal, VIIth Additional Judicial Commissioner, Ranchi in Sessions Trial No. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,18],"tags":[],"class_list":["post-125941","post","type-post","status-publish","format-standard","hentry","category-high-court","category-jharkhand-high-court"],"yoast_head":"\nKishnadeo Prasad & Anr. vs State Of Jharkhand on 10 March, 2010 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/kishnadeo-prasad-anr-vs-state-of-jharkhand-on-10-march-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Kishnadeo Prasad & Anr. vs State Of Jharkhand on 10 March, 2010 - 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