{"id":46078,"date":"2010-01-21T00:00:00","date_gmt":"2010-01-20T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/bablu-dutta-anr-vs-state-of-jharkhand-on-21-january-2010"},"modified":"2016-07-13T06:27:46","modified_gmt":"2016-07-13T00:57:46","slug":"bablu-dutta-anr-vs-state-of-jharkhand-on-21-january-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/bablu-dutta-anr-vs-state-of-jharkhand-on-21-january-2010","title":{"rendered":"Bablu Dutta & Anr. vs State Of Jharkhand on 21 January, 2010"},"content":{"rendered":"
Jharkhand High Court<\/div>\n
Bablu Dutta & Anr. vs State Of Jharkhand on 21 January, 2010<\/div>\n
                                      Cr. Appeal No.443 of 2001\n                                             With\n                                      Cr. Appeal No.463 of 2001\n                                             ----------\nAgainst the judgment of conviction dated 13.9.2001and order of sentence dated\n18.9.2001<\/pre>\n
 passed by Sri William Minj, 1st Additional District & Sessions Judge, Bokaro
\nat Chas in Sessions Trial No. 173 of 2000.\n<\/p>\n
                                             ———\n<\/p>\n
1. Bablu Dutta.\n<\/p>\n
2. Kalim Ansari       …………………Appellants ( In Cr. Appeal No. 443\/2001)<\/p>\n
Jamal @ Jamaluddin Ansari………………Appellant ( In Cr. Appeal No. 463\/ 2001)\n<\/p>\n
                      -Versus-\n<\/p>\n
 The State of Jharkhand      ……             Respondent ( In both the cases).\n<\/p>\n
                                               —\n<\/p>\n
               For the Appellants : Mr. S.P. Roy ( Cr.A.No.443\/2001)
\n               For the Appellant : Mr. Manoj Kumar Mishra ( Cr.A.No.463\/2001)
\n               For the State      : Mr. D.K.Prasad,APP ( In both the cases)<\/p>\n
                                       PRESENT
\n                              HON’BLE MR. JUSTICE PRADEEP KUMAR<\/p>\n
By Court,,            Both the appeals arise out of the same judgment of conviction
\n               dated 13.9.2001 and order of sentence dated 18.9.2001 passed by Sri
\n               William Minj, 1st Additional District & Sessions Judge, Bokaro at Chas in
\n               Sessions Trial No. 173 of 2000.\n<\/p>\n
               2.     Both the appeals are directed against the judgment of conviction
\n               dated 13.9.2001 and order of sentence dated 18.9.2001 passed by Sri
\n               William Minj, 1st Additional District & Sessions Judge, Bokaro at Chas in
\n               Sessions Trial No. 173 of 2000, by which judgment he found the
\n               appellants, Bablu Dutta and Kalim Ansari (Cr.Appeal No. 443\/2001)
\n               guilty under Section 412 of the Indian Penal Code and sentenced them to
\n               undergo R.I. for 10 years and also found the appellant, Jamal @
\n               Jamaluddin Ansari (Cr.Appeal No. 463\/2001) guilty under Section 395 of
\n               the Indian Penal Code and sentenced him to undergo R.I. for 10 years.\n<\/p>\n
               3.     It is submitted by the learned counsel for the appellants that
\n               although the Investigating Officer has proved the seizure of ambassador
\n               car, which is said to have been used during dacoity and has also proved
\n               the seizure-list of the recovered notes and other documents from the
\n               possession of accused-appellant, Bablu Dutta and Kalim Ansari, but the
\n               said notes were not put on T. I. Parade. and T.I.Parade of the said accused
\n               persons which was conducted by Judicial Magistrate, 1st Class, Bokaro,
\n               was also not proved nor the T.I.Parade of the ambassador car which was
\n               conducted by the Block Development Officer was proved in Court and as
\n               such in absence of proof of T.I.P.Chart they cannot be relied by the Court
\n               and hence the conviction of the appellant is bad and fit to be set aside.\n<\/p>\n
                                   -2-<\/span><\/p>\n
4.      On the other hand, learned counsel for the State has supported the
\nprosecution case and stated that although T.I.P.Charts have not been
\nbrought on record, but T.I.P. was done and as such they have rightly been
\nconvicted.\n<\/p>\n
5.     After hearing both the parties and going through the record, I find
\nthat the prosecution case was started on the basis of a Fardbeyan given by
\nP.W.1, Nayan Kumar Singh on 21.10.1999 to the Officer-in-Charge Chas
\n(M) Police Station at 14.15 Hrs. stating therein that he along with his co-
\nmedical representative, Arjun Sao were working as salesmen of M\/s.
\nPoddar Pharma, Joraphatak Road, Dhanbad had come to Chas-Bokaro in a
\nMaruti Van of Poddar Pharma to deliver medicines. While they were
\nreturning from Chas-Bokaro after giving medicines to the various medical
\nshops in Chas-Bokaro and collecting money of the supply already made at
\nabout 4.30 P.M. and further they proceeded to Dhanbad. Then, on the way
\nnear Railway Gumti, Pupunki where the road was not good about 100-125
\nyard and their car became slow. In the meantime, a cream coloured
\nambassador car came from behind and stopped the Maruti Van by force.
\nFour five persons a443rmed with pistol came down from the ambassador
\ncar. One of the criminals had a pistol in his hand put the pistol on the head
\nof the driver. Thereafter, one of the accused assaulted him with fists and
\ntook out Rs. 12,640\/- , which he had taken from the medical shop. Another
\naccused at the point of pistol took out the collected amount of Rs. 13,297\/-
\nfrom the pocket of his colleague Arjun Sao. He also took the cartoon of
\nmedicines along with the collection order form of the Company and diary
\netc. One of the criminals assaulted the driver Ram Singh Bahadur with
\nbutt of the pistol, as a result of which he sustained injury. Thereafter they
\nfled away towards Chas-Bokaro boarding the ambassador car bearing No.
\nD.B.I. 3353 and snatched away the key of the maruti van. All the accused
\npersons-appellants aged about 25 to 30 years.\n<\/p>\n
6.     On the basis of the said fardbeyan the police registered a case
\nunder Sections 395\/397 of the Indian Penal Code and subsequently after
\nrecovery also under Section 412 of the Indian Penal Code and submitted
\ncharge-sheet under all three sections.\n<\/p>\n
7.     Since, the case was exclusively triable by a court of sessions, the
\nsame was committed to the court of sessions and the 1st Additional
\nSessions Judge, Bokaro subsequently tried the case and found the
\nappellants guilty as aforesaid.\n<\/p>\n
8.     It appears that in course of trial the prosecution has examined 8
\nwitnesses. P.W.1, Nayan Kumar Singh (informant). P.W.2,Arjun Sao.
\nP.W.3, Ram Singh Bahadur. P.W.4, Fakhruddin Ansari. P.W.5, Surajnath
\n                                 -3-<\/span>
\nYadav. P.W.6, Rashid Ansari. P.W.7, Prakash Rai and P.W.8, Anjani
\nKumar Singh is the Investigating Officer of the case.\n<\/p>\n
9.      P.W.1 the informant and P.W.2 the colleague of the informant
\nhave fully supported the prosecution case and have stated in Court that on
\nthe date of occurrence i.e. 21.10.1999 while they were returning after
\ncollecting money from the medical shops on the maruti van of their
\nCompany M\/s. Poddar Pharma then near Railway Gumti, Pupunki where
\nthe road was not good about 100-125 yard and their car became slow. In
\nthe meantime, a cream coloured ambassador car bearing No. D.B.I. 3353.
\novertook the maruti van and stopped by force. Thereafter, four five
\npersons came down from the ambassador car with revolver in their hands
\nand thereafter they robbed them and took out a cash and other medicines
\nwith form etc. Then, they went back to Chas-Bokaro by the same vehicle.
\nThey also took Rs. 12,640\/- from the person of the informant and also
\ntook out Rs. 13,297\/- from the person of his colleague along with his
\ncalculator, pain and medicine cartoon. Thereafter they gave information to
\nthe police and the police also attempted to chase the accused persons, but
\ncould not get. He has proved his signature on the fardbeyan as Ext.1. He
\nalso stated that he used to sign with the name of Firm on the currency
\nnotes from where the money had collected. He also stated that he had
\nidentified the one person in the T.I.Parade, but today in Court he cannot
\nidentify any of the accused persons.\n<\/p>\n
        P.W.2, Arjun Sao has also supported the statement as given by
\nP.W.1, Nayan Kumar Singh. He also stated that he had identified the one
\nperson in the T.I.Parade, but today in Court he cannot identify any of the
\naccused persons.\n<\/p>\n
        P.W.3, Ram Singh Bahadur also proved the factum of the dacoity
\nthat while he was driving the maruti van and was going towards Chas-
\nDhanbad. Then, near Pupunki Railway gate his maruti car became slow
\ndue to road jam. In the mean time, a cream coloured ambassador car
\nbearing No. D.B.I. 3353. came behind and stopped by force. Thereafter,
\nfour five persons came down from the ambassador car and assaulted him
\nwith butt of the pistol and snatched away the key of the maruti van. They
\nalso looted collected money and order form from the various medical
\nshops from two passengers i.e. the informant and his colleague, namely,
\nNayan Kumar Singh and Arjun Sao. Thereafter they went back on the
\nsame vehicle towards Chas-Bokaro.\n<\/p>\n
        P.W.4, Fakruddin has proved his signature on the seizure-list of the
\ncar, which belonged to Jamalludin as Ext. 1\/1.\n<\/p>\n
        P.W.5, Suryanath Yadav has proved his signature on the seizure-
\nlist of the currency notes as Ext. 1\/1 and stated that the seizure-list is in
\n                                        -4-<\/span>
\nrespect of Bablu Dutta and also proved the seizure-list of notes with regard
\nto accused, Kalim Ansari as Ext.-1\/3, but denied that the seizure-list was
\nmade in his presence from the person of the accused persons.\n<\/p>\n
       In his cross-examination, he denied that he stated before the police
\nthat from the possession of 443Bablu Dutta ten currency note of 100
\ndenomination was recovered with the signature of the informant and
\nanother notes were recovered from the bag in his possession. He also
\ndenied that ten currency note of 100 denomination and another currency
\nnote of Rs. 50\/- from the pocket of Kalim Ansari and other articles have
\nalso been recovered as such bag containing order book, of M\/s. Poddar
\nPharma, and assessment form of Bhawani Medical, Chandan Medical and
\nRex Medical shops.\n<\/p>\n
       P.W.6, Rashid Ansari also proved his signature on the seizure-list
\nof the ambassador car as Ext. \u00bc.\n<\/p>\n
       P.W.7., Prakash Roy also proved his signature on the seizure-list
\nof the currency notes as Ext. 1\/5 & 1\/6, but it is stated that no seizure-list
\nwas prepared in his presence.\n<\/p>\n
       P.W.8, Anjani Kumar Singh, the Investigating Officer of the case.
\nHe proved his signature on the fardbeyan as Ext. 2. He also proved the
\nformal F.I.R. as Ext. 3. He stated in para 7 that from the statement of
\nJamaluddin he could know that the ambassador car was used in the
\ndacoity, which was number as D.B.T. 9353, but before dacoity the number
\nwas changed to D.B.I. 335. He also stated that the car was lying in his
\nvillage from where it was recovered. He also recovered the papers of the
\ncar which shows that the owner was Abdul Hassan and it was transferred
\nto him. He also stated in para 9 that during investigation on the
\nconfessional statement of Jamalludin he arrested the accused, Bablu Dutta
\nand Kalim Ansari and recovered ten currency note of 100 denomination
\nfrom the possession of Bablu Dutta. In one of the notes “Chandan Medical
\n100×10” and small initial was found written and also a attachie was also
\nrecovered from accused-appellant, Bablu Dutta and he recovered one
\nsmall adhesive black tape. He has proved the seizure-list concerning
\naccused Bablu Dutta, which is marked as Ext. 4\/1. He also recovered order
\nform of Poddar Pharma and estimate form etc. from accused, Kalim
\nAnsari. He also stated that after completing the investigation he submitted
\ncharge-sheet in the case. He had also got the T.I.Parade of the accused
\npersons as also T.I.Parade of the ambassador car.\n<\/p>\n
10.    It is important to note from the aforesaid evidence that although
\nthe prosecution has proved the seizure of the ambassador car as also
\nseizure of the notes and other papers from the possession of the two
\naccused-appellants, Bablu Dutta and Kalim Ansari, but T.I.P was not
\n                                                            -5-<\/span>
\n                proved. The learned Sessions Judge while convicting them as stated in para 19 of
\n                the judgment that the T.I.P of the accused persons was conducted by Sri
\n                A.B.Srivastava, Judicial Magistrate, 1st Class, Bokaro, but since the said
\n                T.I.Parade was neither brought on record nor proved by the evidence of the
\n                Judicial Magistrate. Obviously he was refering the same from the case diary,
\n                which is not a legal evidence. It is important to note that T.I.P of the accused
\n                persons were not brought on record and even the witnesses, namely, P.Ws. 1 , 2
\n                & 3 failed to identify the accused persons in court. As far as identification is
\n                concerned, there is no evidence that the appellants have been identified during
\n                trial properly. As far as recovery is concerned no doubt that there is recovery of
\n                currency notes as also the order form of Poddar Pharma from different medical
\n                shop keepers from the possessions of two accused, Bablu Dutta and Kalim
\n                Ansari, but they were not put on T.I.Parade nor they were identified by the
\n                informant-P.W.1 and P.W.2 nor the said notes were produced in Court during
\n                examination of P.Ws. 1 & 2 that these are the same notes on which their
\n                signature are available. P.W.1 in his evidence stated that he used to put small
\n                initial and name of the medical shop from where notes were given or received by
\n                him, but the said notes were not produced in Court before witnesses 1 & 2.\n<\/p>\n
                11.     In that view of the matter, in my opinion, on the basis of the aforesaid
\n                recovery which has not been proved beyond reasonable doubt and conviction of
\n                the the appellant nos. 1 and 2 under Section 412 of the Indian Penal Code cannot
\n                be maintained. Although they might have taken part in the dacoity, but the
\n                prosecution has failed to prove the charges beyond reasonable doubt. Even the
\n                recovery of the ambassador car which was put on T.I.Parade and identified by the
\n                accused persons has also not been brought on record nor proved by the
\n                prosecution and as such I think it is a badly conducted case by the prosecution
\n                and I.O, who had conducted the T.I. P. of the accused, car and notes and even the
\n                name of the sessions Judge, who conducted the T.I.P were not named in the diary
\n                even the charge-sheet nor they were called by the prosecution during trial due to
\n                the laches on the part of the I.O. as also laches on the part of the prosecutor. The
\n                conviction of the appellants cannot be upheld and hence they were given benefit
\n                of doubt and acquitted from the charges.\n<\/p>\n
                12.      In the result, these appeals are allowed.\n<\/p>\n
                13.      The appellants, Bablu Dutta and Kalim Ansari (Cr.A.No. No. 443 of
\n                2001) and the appellant, Jamal @ Jamaluddin Ansari (Cr.A.No. 463 of 2001) are
\n                on bail, they are released from the bondage of their bail bond.\n<\/p>\n
                                                                     [ Pradeep Kumar, J]
\nJharkhand High Court, Ranchi
\nThe 21st January, 2010
\nJk\/NAFR\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Jharkhand High Court Bablu Dutta & Anr. vs State Of Jharkhand on 21 January, 2010 Cr. Appeal No.443 of 2001 With Cr. Appeal No.463 of 2001 ———- Against the judgment of conviction dated 13.9.2001and order of sentence dated 18.9.2001 passed by Sri William Minj, 1st Additional District & Sessions Judge, Bokaro at Chas in Sessions […]<\/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-46078","post","type-post","status-publish","format-standard","hentry","category-high-court","category-jharkhand-high-court"],"yoast_head":"\nBablu Dutta & Anr. vs State Of Jharkhand on 21 January, 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\/bablu-dutta-anr-vs-state-of-jharkhand-on-21-january-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Bablu Dutta & Anr. vs State Of Jharkhand on 21 January, 2010 - 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