{"id":81812,"date":"2010-03-10T00:00:00","date_gmt":"2010-03-09T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/bindu-mandal-vs-state-of-jharkhand-on-10-march-2010"},"modified":"2015-05-19T00:54:54","modified_gmt":"2015-05-18T19:24:54","slug":"bindu-mandal-vs-state-of-jharkhand-on-10-march-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/bindu-mandal-vs-state-of-jharkhand-on-10-march-2010","title":{"rendered":"Bindu Mandal vs State Of Jharkhand on 10 March, 2010"},"content":{"rendered":"
Jharkhand High Court<\/div>\n
Bindu Mandal vs State Of Jharkhand on 10 March, 2010<\/div>\n
                                                 1\n\n\n\n                                Criminal Appeal(S.J.) No.158 of 2001\n                                               with\n                                Criminal Appeal(S.J.) No.160 of 2001\n                                               with\n                                Criminal Appeal(S.J.) No.163 of 2001\n                                               with\n                                Criminal Appeal(S.J.) No.177 of 2001\n                                               with\n                                Criminal Appeal(S.J.) No.232 of 2001\n                                               with\n                                Criminal Appeal(S.J.) No.240 of 2001\n\nAgainst the judgment of conviction and order of sentence dated 27.4.2001\npassed by Sri Sharang Dhar Singh, 5th Additional Sessions Judge, Dhanbad in\nSessions Trial No. 125 of 1998.\n                                ------------\n1. Bindu Mandal                               ------- (Cr. Apl.158 of 2001)\n2. Raju Kumar Sao                     -------- ( Cr. Apl.160 of 2001)\n3. Mohan Rabidas                              ---------( Cr. Apl.163 of 2001)\n4. Sanichar Rabidas @ Sanichar Chamar\n5. Koka Rabidas@ Koka Chamar                  --------- ( Cr. Apl.240 of 2001)\n6. Gorwa Rabidas @ Gorwa Chamar               --------( Cr. Apl.232 of 2001)\n7. Kanhai Mahato                              ------- ( Cr. Apl.177 of 2001)\n                                                                   Appellants\n                                 -Versus-\nThe State of Jharkhand                        -------              Respondent\n\n                                 ---------\nFor the Appellants                   :     M\/S K.P.Singh, Sr. Advocate\n(Cr.Appeal No.s 158\/01,160\/01, 163\/01      Mr. M.K.Verma, Rajesh Kumar,\n                                           Mr. M. Tiwari, Advocates\nFor the Appellants                   :     M\/S Mahesh Tiwari &\n(Cr.Appeal No.s 177\/01,232\/01, 240\/01      Mr.S.P.Roy, Advocates\n\nFor the State                                     :    Mr. Prem Prakash, A.P.P.\n                                               -------\n                                              PRESENT\n\n                 THE HON'BLE MR JUSTICE PRADEEP KUMAR\n                              ----\nC.A.V on 13.1.2010                 Pronounced on 10\/3\/2010\nC.A.V on 14.1.2010\n(Cr.Apl.Nos. 177\/01,232\/01, 240\/01)\nPradeep Kumar,J. Heard the learned counsel for the appellants and learned\n                    counsel for the state.\n                    2.         The instant appeal is directed against the the judgment of\n                    conviction and order of sentence 27.4.2001 passed by Sri\n                    Sharang Dhar Singh, 5th Additional Sessions Judge, Dhanbad in\n                    Sessions Trial No. 125 of 1998 by which judgment he found the\n                          2\n\n\n\nappellants namely Bindu Mandal (preferred Cr. Apl.158 of\n2001), Raju Kumar Sao( preferred Cr. Apl.160 of 2001), Mohan\nRabidas( preferred Cr. Apl.163 of 2001), Sanichar Rabidas @\nSanichar Chamar & Kuka Rabidas@ Koka Chamar (both\npreferred Cr. Apl.240 of 2001), Gorwa Rabidas @ Gorwa\nChamar( preferred Cr. Apl.232 of 2001), Kanhai Mahato\n( preferred Cr. Apl.177 of 2001) guilty for the offence u\/s 120B\nand 395 of the I.P.C for hatching conspiracy for committing\ndocoity in broad day light from a running car on the road in cash\nmoney which name of Gomoh Branch of Allahabad Bank was\ngoing. All the accused - appellants were convicted and\nsentenced to undergo R.I. for 7 years u\/s 395 of the I.P.C and\nalso to pay a fine of Rs. 10,000 each and in default of payment\nof fine, they were further directed to undergo R.I. for 3 years.\nAll the accused- appellants were also sentenced to undergo R.I.\n5 years u\/s 120B of the I.P.C. Apart from that three accused\npersons namely Koka Rabidas (Chamar), Sanichar Rabidas\n(Chamar) and Gorwa Chamar were found guilty u\/s 412 of the\nI.P.C and they were sentenced to undergo R.I. for 7 years with\na fine of Rs. 10,000\/- and in default of payment of fine, further\nR.I. for 3 years. All the above sentences were directed to run\nconcurrently.\n3.    It is submitted by learned counsel for the appellants that\nprosecution has failed to prove any case of conspiracy for\ncommitting the docoity and as such conviction of the appellants\nu\/s 395 of the I.P.C as also U\/s 120B is bad in law and fit to be\nset aside. It is submitted on behalf of the appellant, Bindu\nMandal that it will appear from page 10 para 8 of the impugned\njudgment that he has been convicted only on the basis of the\nstatement made in the case diary which are not substantive piece\nof evidence and as such his conviction in absence of any\nevidence to make out a case of conspiracy is bad in law and fit\nto be set aside. Learned counsel for the appellant, Raju Kr. Sao\nhas submitted that there is no evidence to support the statement\n                            3\n\n\n\nof the Investigating Officer nor there is any recovery from his\npossession and in absence of any evidence, he has wrongly been\nconvicted u\/s 120 B of the I.P.C. Learned counsel for the other\nappellants   have also submitted that the conviction of the\nappellants are bad in law and fit to be set aside.\n4.    On the other hand, learned counsel for the state has\nopposed the same and submitted that all the witnesses have\nstated that the appellants committed conspiracy to rob the cash\nwhich was being carried in a car from one branch of Allahabad\nBank to another branch. As such, learned trial court has rightly\nconvicted the appellants u\/s 395 and 120B of the I.P.C.\n5.    After hearing both the parties and after going through the\nevidences on record, I find that the prosecution case was started\non the basis of the fardbeyan given by the informant,\nDharamnath Kumar, P.W.3, who stated that he is working as\ncashier in Allahabad Bank, Gomoh, Hariharpur. On 1.7.1997 at\nabout 11.10 a.m on a private car bearing no. BHR 801 which is\nrun on hire, along with peon of the bank, Bindu Mandal he\ncollected Rs. 3 Lakhs from the Dhanbad Main Branch. Since,\nthe Santri guard was on leave, he had no guard with him. The\ncar was being driven by the driver, Suraj Prasad. He has stated\nthat earlier also he used to bring money from the main branch of\nAllahabad Bank and bring the same to the branch of Gomoh. He\nhas stated that about 3 p.m he left the Dhanbad branch for\nGomoh Branch of Allahabad Bank. When the car reached near\nBhuian Chitro Gaon, where the road was a bit bad, the driver\nslowed the vehicle. Then a black colour Rajdoot motorcycle\nwhere there was sign of '+' ( doctor) also marked and name of\nDr. Raj Kumar was written overtook the Ambassador Car and\nproceeded towards Chitro Basti and at a distance where the road\ngoes to Paharpur Jungle, there was old dilapidated primary\nhealth centre. He stopped the motorcycle and started blowing\nhorn for signal. Thereafter, the motorcycle left away. When the\ncar reached near that dilapidated health center, then criminals\n                          4\n\n\n\ncame out and stopped the vehicle and then another person, who\nwas tall, put his revolver on the head of the driver. Thereafter,\nboth of them sat on the car. The person , who was sitting on the\nfront with the driver put revolver on the head and second man\nsitting on the back where the informant was sitting, asked 4\/5\npersons behind the car to chase them. Then he made hulla to\nwhich 4\/5     villagers started running behind the car. They\nidentified the accused and the villagers stated that the accused\npersons are of Hariharpur and named them as Shankarwa\nChamar, Kokwa Chamar, Sanicharwa Chamar and the person\nsitting in the car were Gorwa Chamar and one Mumtaz of\nThakur Chouk.They were committing docoity in the car. Then\nthe accused persons, who were running from behind threw bomb\non the villagers due to which villagers stopped. The accused\nrunning behind the car asked another one sitting inside the car to\nrun away with the vehicle. Thereafter, the accused sitting in the\nvehicle took the car and drove towards Paharpur Jungle and at\nthe point of revolver asked the informant to come down.\nThereafter, they asked to open the dicky of the car . Thereafter,\nthey took out the cash box containing 3 Lakhs rupees and\ndemanded the key of the Cash Box and after keeping all the\nmoney in their personal Jhola, they ran away towards\nHariharpur. Thereafter, 4\/5 criminals who were running behind\nthe car also followed the accused who were running with the\nmoney. They again threw bomb and fired from that revolver, so\nthat villagers and informant could not go behind them. After\nsometime, police of Topchanchi police station reached the place\nof occurrence and they also chased the accused persons along\nwith villagers . The driver of the car and peon of the bank also\nchased the accused persons . The informant stated that the\naccused persons including Koka Chamar, Shankarwa Chamar,\nSanicharwa Chamar and Gorwa Chamar of villager Hariharpur\nand Mumtaz of village Thakur Chouk and they have been\nidentified by the villagers as also by the chaprasi-peon and\n                            5\n\n\n\ndriver and peon stated that they are dreaded criminal and docoit\nof the area.\n6.    On the basis of the said fardbeyan, police registered a\ncase u\/s 395\/ 397 of the I.P.C and after investigation submitted\ncharge sheet in the case. Since, the case was exclusively triable\nby the court of Sessions, Learned C.J.M committed the case to\nthe court of Sessions Judge and finally the case was tried by 5th\nAdditional Sessions Judge,Dhanbad who found the appellant\nguilty and convicted and sentenced him as aforesaid.\n7.    It appears that the prosecution has examined 16 witnesses\nto prove its case.\n      P.W.1 is Mansoor Ansari\n      P.W.2 is Md. Rafique\n      P.W.3 is Dharamnath Kumar,informant of the case.\n      P.W.4 is Omprakash Mahato\n      P.W.5 is Aminuddin\n      P.W.6 is Gulam Mustafa\n      P.W.7 is Purno Pal\n      P.W.8 is Sashi Bhushan Das\n      P.W.9 is Chaitu Karmakar\n      P.W.10 is Khiro Das\n      P.W.11 is Md. Jasim Akhtar\n      P.W.12 is Karim Ansari\n      P.W.13 is Tulsi Yadav\n      P.W.14 is Ramesh Kumar Singh\n      P.W.15 is Padmanabh Upadhyay\n      P.W.16 is Sanjay Kr. Rana\n8.    The prosecution has proved the formal F.I.R marked as\nExt.8, Fardbeyan as Ext.7, seizure list of money kept in a jhola\nabout Rs.55,000\/- recovered from the house of Khiro Das kept\nin the northern room of Koka Chamar marked as Ext. 9\/1.\nSeizure list of Rs. 28,000\/- from the house of Md. Usman from\nthe possession of Gorwa Chamar marked as Ext-6. recovered\nloaded desi pistol from the person of Md. Usman, 4 live\n                           6\n\n\n\ncartridges marked Ext.6\/1.Seizure of black Rajdoot motor cycle\nbearing no. WMI 2361 with '+' sign and the name of Dr. Raj\nKumar was written marked as ext.7\n9.    P.W.1, Mansoor Ansari has stated in the court that the\noccurrence took place about 1 year back. He was not at his\nhome. He had gone to Baghmara and when he reached in the\nevening he came to know that money of the bank has been\nlooted, but he was not informed as to who were the persons\ninvolved in the docoity. He was declared hostile by the\nprosecution. He denied that he stated to the police that on the\ndate of occurrence i.e. on 1.7.1997, he stated to the police that at\n3.30 when he was coming from Paharpur road, then to save\nhimself from rain, he took shelter in the dilapidated hospital . In\nthe building 8 persons were sitting and he identified them and\nnamed them.\n10.   P.W.2, Md. Rafique ha stated that he does not remember\nthe date of occurrence and on the date of occurrence he had\ngone to the his sasural at Khakhi kala village and when he\nreturned his home at about 7\/7.30 in the evening , then he heard\nabout the occurrence. He denied that he gave any statement to\nthe police. He was also declared hostile. He also denied that he\nstated to the police that the date of occurrence i.e 1.7.1997 at\n3.30 p.m. when he was returning to his village through the\nPaharpur road, then he saw the acused Mumtaz sitting with\nrevolver in Ambassador Car bearing no. BHR801 and on the\nback side accused, Gorwa Chamar was sitting.\n11.   P.W.3, Dharmnath Kumar, who the informant of the case\nand clerk of the Bank has stared that on the date of occurrence\nwhen he left the Gomoh Branch of Allahabad Bank at 11.00 a.m\nin an Ambassador Car bearing no. BHR801 along with bank\npeon, Bindu Mandal, then they came to park market branch at\nHariharpur, Dhanbad and at about 1 p.m. after receiving 3 lakhs\nrupees for his Gomoh branch, he left with the peon, Bindu\nMandal for Gomoh branch. Out of 3 lakhs rupees , one lakh\n                          7\n\n\n\nrupees were in bundle of 100 rupee denomination and 2 lakhs\nwere in the bundle of 500 rupees denomination. All the packets\nhad mark of Park Market branch of Allahabad Bank with seal.\nThere was no security guard, since he was on leave on that day.\nWhen the car reached Bhuiachitro Basti, where the road was not\ngood , then suddenly about 7\/8 persons came with pistol and\nbomb in their hands and they gardened the car from all side. It\nwas raining slightly at the time of occurrence. Two of the\naccused sat on the front of the car who had revolver in their\nhand and one person took the back sit. At the point of revolver\nthey asked them to keep their head down and the person sitting\nin the front asked the driver to go towards the Paharpur and\nafter going some distance towards the lonely rood towards the\nhill, they stopped the car and took out the key. Thereafter, they\nopened the dicky of the car and took out the cask box. Then at\nthe point of revolver, they asked them to open the box.\nThereafter, opening the cash box, they took the money and left\nthe place. The villagers also came there running after they left.\nAfter sometime police reached the place of occurrence. He gave\nhis statement to the police which was recorded as fardbeyan and\nsigned on the same marked as Ext.1. He also stated that where\nthe car was stopped i.e Bhuiyachitro just two minutes before, a\nmotorcycle had crossed them. He denied that the driver and\nChaprasi had told him about the name of the accused persons.\nHe was also declared hostile and he denied that in his fardbeyan,\nas stated by the villagers, he had named them as Gorwa chamar,\nKoka Chamar, Shankar Chamar, Sanichar Chamar of Hariharpur\nand Mumtaz of Thakur Chouk. The witness only identified\nBindu Mandal, the peon of the bank and driver of the car\nnamely,Suraj Pd. He also stated that the seized currency notes\nare not present in the court today. Subsequently, the seized\nnotes, which is material Ext. III were brought in the court on\n14.12.1998<\/pre>\n
 for subsequent examination in chief of the
\ninformant. The material exhibits contained bundle of 100 rupees
\n                          8<\/span><\/p>\n
currency notes and 50 rupees currency notes with seal and mark
\nof Allahabad Bank, Jamshedpur main Branch. 100 rupees
\nbundle were about Rs. 30,000\/- with Allahabad bank seal. The
\nnotes were marked as Ext.X to X\/7 for identification. The
\nanother material Ext. III\/I was also opened in presence of
\nwitness with rupees 10,000\/- which had seal of Allahabad Bank
\nPark Market branch, Dhanbad and initial of cashier also.
\nAnother bundle of Rs.50 denomination note about Rs.28,750
\nhad also the seal and sign of cashier of Allahabad bank, Park
\nMarket branch , Dhanbad. They were also identified by the
\ninformant marked as Ext.Y\/1 to Y\/3\n<\/p>\n
12.   P.W.4, Omprakash Mahto stated in the court the house of
\nKanhai Mahto is just by the side of his house and Dr. Raju and
\nMohan Rabidas come there regularly or not , he cannot say. He
\ndenied that on 30.6.1997, Mohan Rabidas and peon, Bindu
\nMandal of Allahabad Bank along with Dr. Raju came on the
\nmotorcycle bearing no. WMI2361 to the house of Kahnai
\nMahto. He was also declared hostile and in cross examination he
\nrefused that he stated the aforesaid fact that the peon and Dr.
\nRaju had come to the house of Kanhai Mahto along with Mohan
\nRabidas.\n<\/p>\n
13.   P.W.5, Aminuddin has identified his signature on the
\nseizure list marked as Ext. 2, but denied that police recovered 3
\nbox on which Dhanbad and Gomoh was written on black paint.\n<\/p>\n
14.   P.W. 6, Gulam Mustafa stated that the occurrence took
\nplace on 1st of July 1997. At about 3.45 hearing hulla he came
\nout of his house and saw that some people are running towards
\ndilapidated hoslpital site on the road of Paharpur. He also heard
\nthe sound of explosion and thought that some docoity is taking
\nplace , then he came out of his house taking his licensee
\nBandhook and again went to the place of occurrence. The he
\nsaw that Ambassador Car is going towards the kachcha road
\nand people were running behind the vehicle. Lastly the car
\nstopped on the middle of road. The Villagers also reached there.\n<\/p>\n
                            9<\/span><\/p>\n
The staff of the bank and driver stated that docoits had taken 3
\nlakhs rupees from the Dhanbad Branch. They were going to the
\nGomoh Branch of Allahabad Bank which has been looted by the
\naccused the persons. Thereafter, Officer Incharge with other
\nconstable of Topchanchi branch came there. Thereafter, he came
\nback. He had not identified any accused persons and he denied
\nthat he stated that a motorcycle bearing registration no.
\nWMI2361 with doctor sign was being driven by the accused
\nRaj Kumar who stopped near the dilapidated hospital and gave
\nsome signal to 7\/8 persons sitting there and thereafter, he
\nproceeded towards Gomoh.\n<\/p>\n
15.   P.W.7, Purno Pal also stated in the court that he was
\nposted as Senior Manager of Allahabad Bank, Gomoh Branch at
\n1997. The said branch is pension payee branch and in the end of
\nmonth money comes from the main branch of Dhanbad
\nwhenever, required. On 30.7.1997, peon of the Bank namely
\nBindu Mandal and Bill Clerk with cashier, Dharamnath Kumar
\nhad gone to Dhanbad to bring money and on the next day they
\nwere coming from Park Market Dhanbad with the money on a
\nrented car which was looted by the criminals on the way. He
\nreceived information at 4.30-5.00 in the evening , but he was not
\ndisclosed the name of the docoits. In cross examination, he ha
\nstated that cashier, Dharamnath Kumar and peon, Bindu Mandal
\ndirectly came to the office of Branch Manager and gave detail of
\nthe docoity and then he gave the information to the Manager
\nOperation.\n<\/p>\n
16.   P.W.8, Sashi Bhushan Das, A.S.I Topchanchi stated that
\nby the order of Officer In charge , Topchanchi branch, he
\nprepared the cover of the seized notes worth Rs. 55,000\/- in the
\ndenomination of Rs.50 currency notes and gave MR No.
\n17\/1997 and another packet of Rs. 28,750 having mark of MR
\nNo. 18\/1997. Both the cover with currency notes bundle were
\nsigned by Officer In charge Binod Kr. Rout. Bundles were
\nmarked as Ext.3 and 3\/1.\n<\/p>\n
                          10<\/span><\/p>\n
17.   P.W.9, Chaitu Karmakar stated that one and half years
\nback police came to Karkatta village to the house of the doctor.
\nThe doctor was living in the house of Laddu Sao. The time was
\nabout 8-9 in the night. His house was searched by the police. He
\nidentified his signature on the seizure list which was marked as
\nExt.Z for identification. This witness was also declared hostile.
\nHe denied that the motorcycle bearing no. WMI2361 with ‘+’
\nsign on the number plate was recovered from the house of
\ndoctor on which Raj Kumar was also written. He had put his
\nL.T.I on the same.\n<\/p>\n
18.   P.W.10, Khiro Das stated that accused Koka Chamar is
\nhis ‘sala’ and he used to come to his house . About one and half
\nyears back when police came to his house and made search at
\nabout 4 a.m in the morning and recovered money and prepared
\nseizure list. He had put his L.T.I on the same which was marked
\nas Ext.Z\/1 for identification. In his cross examination, he denied
\nthat currency notes kept by Koka Chamar was recovered from
\nhis house.\n<\/p>\n
19.   P.W.11, Md. Jasim Akhtar stated that he know nothing
\nabout the occurrence and declared hostile. In cross examination
\nhe denied that he stated to the police that on 1.7.1997 at 3.30 in
\nthe evening , Mansoor Mian stated him that known criminal
\nnamely Gorwa Chamar, Koka Chamar, Sanichar Chamar,
\nShankarwa Chamar, Kayuum , Muslim and Kurban were sitting.\n<\/p>\n
20.   P.W.12, Karim Ansari has stated that Khiro Das stayed in
\nhis village and about one and half years back in his presence
\nKhiro Das’s house was searched. He cannot say what was
\nrecovered, but he signed on the seizure list. He identified his
\nsignature on the seizure list marked as Ext.Z\/1. He was declared
\nhostile and denied that police had recovered Rs. 55,000\/- kept in
\na bundle of 100 and 50 rupees currency note with slip of
\nAllahabad Bank.\n<\/p>\n
21.   P.W.13, Tulsi Yadav stated that the house of Khiro Das
\nis at a distance from his house and he identified his signature on
\n                          11<\/span><\/p>\n
the seizure list marked as Ext. Z\/2. He has also been declared
\nhostile and denied that police had recovered Rs. 55,000\/- kept
\nin Jhola from the house of Khiro Das in the bundle of 100 and
\n50 rupee currency notes with slip of Allahabad Bank. He denied
\nthat Khiro Das and Koka       have also put their L.T.I in his
\npresence marked as Ext.Z\/1.\n<\/p>\n
22.     P.W.14, Ramesh Kr. Singh, cashier of Allahabad Bank,
\nPark Market Branch, Dhanbad stated that on 1.7.1997 cashier,
\nDharamnath Kumar and peon of Gomoh branch came and on the
\ndirection of the Branch Manager, he prepared voucher and gave
\n10 bundle of 100 rupee denomination about one lakh rupees
\ncontaining Rs.10,000\/- each and 40 packets of Rs.50
\ndenomination total two lakh rupees every pocket containing
\nRs.500\/- . Each had slip of Allahbad Bank and seal. In presence
\nof Lawyers of both parties packets ext. 3 and 3\/1 were opened.
\nHe identified the slip marked as y to y\/4 having the seal and
\nsignature of his Park Market Branch.\n<\/p>\n
23.     P.W.15 Padmanabh Upadhayay stated in the court that he
\nwas posted at Topchanchi Branch on the date of occurrence i.e
\ndated 1.7.1997 and on 24.7.1997 at about 6.15 in the morning he
\nhad recovered Rs.28,750 from the house of Usman Mian @
\nYasir Mian from the room of Gorwa Chamar kept in his ‘sirhana’
\nin attache. The recovered money was in the bundle of Rs. 100
\ncurrency note which are 10 in number with slip of Allahabad
\nBank Branch . He also recovered 3 bundles of Rs.50 currency
\nnotes    with Allahabad Bank slip total Rs.15,000\/- He also
\nrecovered Rs. 3750 rupees in the denomination of Rs.50 which
\nwere opened. He proved the seized notes bundle marked as Ext.
\n5 to 5\/3. The currency notes recovered in presence of two
\nindependent witnesses. He proved the seizure list marked as
\nExt.6. He also recovered licensed desi pistol with 2.315 live
\ncartridges from the same place and prepared seizure list in
\ncarbon copy which was signed by the independent witnesses
\nnow also signed by him. He has also stated that the person
\n                          12<\/span><\/p>\n
arrested from the room was identified by the inmates of the
\nhouse as Gorwa Chamar. He has proved the seizure list marked
\nas ext. 6\/1. He identified the accused Gorwa Chamar in court
\nwho was arrested by him. In cross examination he has stated
\nthat accused Gorwa Chamar was sleeping on the bed by keeping
\nthe attachee filled with notes under his head. The house owner
\nwas Usman Mian. The arm was recovered from the possession
\nof the accused Usman Mian and he had criminal history.\n<\/p>\n
24.   P.W.16, Sanjay Kumar Rana is the Investigating Officer
\nof the case. He has stated that on hearing rumour at about 4.00
\np.m that on the Gomoh road near Bhuiyachitro Basti some
\ncriminal are committing loot of an Ambassador Car. He entered
\nthe information in the station diary and after taking the police
\nconstables present in the Thana along with A.S.I G.S. Yadav,
\nMangal Hembrum and armed force, he left for the place of
\noccurrence. At about 4.30 when he reached kachcha road near
\nPaharpur Jungle then he recorded fardbeyan of Informant,
\nDharamnath Kumar. He proved the fardbeyan which was in his
\nwriting and signature marked as Ext.7, formal F.I.R -Ext.8. He
\ngave the detail of the place of occurrence . He had found sign of
\nexplosion and sutli near the place of occurrence. He prepared the
\nseizure list of the vacant cash box of the Bank from which the
\nmoney was taken away by the criminals. He recorded the
\nstatement of the witnesses       and came to know that the
\nmotorcycle no. WMI 2361 had crossed the Ambassador Car
\nwith name of Raj Kumar written in the number plate and sign of
\n‘+’ which belonged to Dr.Raju, then on inquiry he came to know
\nthat the said Raj Kumar stays in the house Laddu Sao. Then he
\nrecovered the said motorcycle no. WMI2361. He has proved the
\nseizure of the motorcycle marked as Ext.9. At para 11 he also
\nstated that on on 6.7.1997, while he was investigating, he went
\nto village Ambadih and arrested Koka Chamar, who confessed
\nhis guilt and stated that he has kept the money in the house of
\nKhiro Das from where he recovered Rs.55,000\/- which were
\n                          13<\/span><\/p>\n
kept in the denomination of Rs.100 and 5 bundle having seal of
\nAllahabad Bank. He prepared seizure list. He proved the seized
\nnotes as Ext.9\/1. Independent witnesses had also signed the
\nsame. He said that Koka Chamar has also named Suraj Prasad
\nand Bindu Mandal as co-accused and he arested both of them.
\nHe has stated that subsequently, during investigation he also
\narrested Sanichar Rabidas and on his confessional statement he
\nrecovered Rs. 20,000\/- of this docoity and prepared seizure list.
\nSubsequently, he also arrested Gorwa Chamar from the house
\nof Md. Usman @ Yasin and recovered Rs. 28,750 of Allahabad
\nBank kept in a attache under his ‘sirhana’ and prepared seizure
\nlist. He also arrested Md. Rafique, who stated that he
\nparticipated in the docoity. They stopped Ambassador Car
\nbearing no. BHR801 and in the front seat, Kayyum and Mumtaz
\ntook the seat and in the back seat Gorwa Chamar took his seat. 5
\naccused persons were coming from back. After taking the
\nmoney in their custody, he threw bomb to scare the witnesses
\nand Sanichar and Koka fired , but nobody was injured. Then
\nthey ran away. He also gave the statement made before him by
\nOmprakash Mahto, Gulam Mustafa , Md. Jasim Akhtar and
\nothers.\n<\/p>\n
25.   Thus, from the evidences       as discussed above, it is
\nevidently clear that during investigation, as disclosed by the
\nevidence of the P.W.s with regard to the docoity committed by
\nthe accused, who had committed docoity on the Paharpur road
\nand looted about 3 lakhs rupees which were being taken by the
\ninformant-clerk and peon, Bindu Mandal from the Park Branch
\nof Allahabad Bank , Hirapur, Dhanbad to Gomoh Branch. The
\nInvestigating Officer arrested Koka Chamar and on his
\nconfession recovered Rs. 55,000\/- kept in Jhola. All the notes
\nwere in the bundle of 100 rupee kept in the 3 bundles and also 5
\nbundles of Rs.50 denomination having seal and mohor of
\nAllahabad Bank. The seizure of the aforesaid notes were also
\nproved by the seizure witnesses. P.W.10 Khiro Das from whose
\n                          14<\/span><\/p>\n
house the notes were recovered in presence of accused Koka
\nChamar was proved by Khiro Das , although he refused to
\naccept that money was seized in his presence. Another seizure
\nlist witness, P.W.12, Karim Ansari also identified his signature
\non the seizure list marked as Ext.2\/1. Although, he denied that
\nKoka and Khiro had put their L.T.I in their presence marked as
\nExt.z and z\/1for identification. The recovered notes had the slip
\nand seal and also signature of the cashier of the Park Branch of
\nHirapur Allahabad Bank which was also identified by P.W.14
\nRamesh Kr. Singh-cashier of the Bank.\n<\/p>\n
26.   Thus, the prosecution has proved beyond reasonable
\ndoubts that appellant namely Koka Chamar @ Koka Rabidas
\nparticipated in the docoity after making conspiracy with the
\nother docoits and as such he has rightly been found guilty and
\nconvicted by the trial court. It also appears that on the basis of
\nthe statement of the witnesses, accused, Sanichar Chamar @
\nSanichar Rabidas also stated, as stated to the Investigating
\nOfficer in para-13 of his statement, that on his instance
\nRs.20000 was recovered in presence of independent witnesses
\nand S.I. Anwar Ali. Seizure of the notes has already been proved
\nby the witnesses as aforesaid. Hence, the trial court has rightly
\nconvicted appellant, Sanichar Rabidas @ Sanichar Chamar. In
\nthe above facts and circumstances, the Cr. Appeal No. 240 of
\n2001 filed by Sanichar Rabidas @ Sanichar Chamar and Koka
\nChamar @ Koka Rabidas             are without any merit and
\naccordingly, their appeals are dismissed.\n<\/p>\n
27.   It also appears from the evidence as discussed above that
\non the basis of the evidences of the witnesses, during
\ninvestigation on 23.7.1997, the Investigating Officer arrested
\nGorwa Chamar as stated by him in para 14 of his statement and
\nhe recovered about Rs. 28,750 from the possession of Gorwa
\nChamar kept in the attache under his ‘sirhana’ having slip of
\nAllahabad Bank with seal. Seizure of the aforesaid Rs.28,750
\nkept in bundle of denomination of 100 and 50 have also been
\n                           15<\/span><\/p>\n
proved by seizure witnesses, P.W.10, P.W.12 and P.W.14 and
\nhence, conviction and sentence passed by the trial court against
\nthe accused Gorwa Chamar is well founded and requires no
\ninterference by this court. Hence Cr. Appeal no. 232 of 2001
\nfiled by the appellant Gorwa Chamar is dismissed having no
\nmerit.\n<\/p>\n
28.      It also appears from the evidences of the Investigating
\nOfficer that on the statement of the witnesses made during
\ninvestigation that Rajdoot motorcycle bearing No. WMI2361
\nwas being driver by Raju Kr. Sao who had given signal to the
\nacused persons after crossing the Ambassador Car and
\nsubsequently, the Investigating Officer stated that the said
\nmotorcycle was seized from the house of Laddu Sao were the
\naccused Dr. Raju kr. Sao used to reside. The seizure list of the
\nsaid motorcycle was also proved by the seizure witnesses,
\nP.W.9, Chaitu Karmakar, who was declared hostile and did not
\naccept that the motorcycle was recovered in his presence nor the
\nwitness accept his statement given that the accused, Dr. Raju
\nKumar Sao had come to the house of Kanhai Mahto along with
\naccused, Mohan Rabidas and Bindu Mandal and as such,
\nalthough, during investigation some witnesses had named them
\nas co accused, but there is no substantive piece of evidence
\nagainst them, since, the witnesses have turned hostile and there
\nis no evidence to prove that peon of Allahabad bank, Bindu
\nMandal, Dr. Raj Kumar Sao , Kanhai Mahto and Mohan
\nRabidas were also part of the conspiracy in committing docoity
\nof the moneywhich used to go regulslary from Dhanbad main
\nBranch to Gomoh Branch of Allahabad Bank and on the date of
\noccurrence the accused persons committed the docoity, hence
\nthe accused, Dr. Raj Kumar Sao, who has preferred Cr. Appeal
\nNo. 160\/2001 is given benefit of doubt and acquitted from the
\ncharges. Similarly, accused Kanhai Mahto , who has preferred
\nCr. Appeal No. 177\/2001is also given benefit of doubt and
\nacquitted from the charges. Further, accused Mohan Rabidas,
\n                                             16<\/span><\/p>\n
                  who has preferred Cr. Appeal No. 163\/2001 is also given benefit
\n                  of doubt and acquitted from the charges. Accused Bindu
\n                  Mandal, who has preferred Cr. Appeal No. 158 of 2001 against
\n                  whom also evidence has come during investigation that he
\n                  conspired with Dr. Raj Kumar Sao and accused Mohan Rabidas
\n                  and had gone with them in the motorcycle bearing no. WMI
\n                  2361 to the house of Kanhai Mahto and made conspiracy for
\n                  committing docoity on 30.6.1997 just the day before the
\n                  occurrence, which is very shocking that a regular employee of
\n                  the Allahabad Bank, who was entrusted every time to bring
\n                  money , participated in the docoity in his own branch, but since,
\n                  the witnesses     have turned hostile in court and there is no
\n                  substantive evidence to prove the charge of conspiracy by him
\n                  beyond reasonable doubt, he is acquitted from the charge giving
\n                  benefit of doubt. The Allahabad Bank is directed to take action
\n                  against him for such misconduct under the Bank Rule.\n<\/p>\n
                  29.      In the result, Cr. Appeal No.s 158 of 2001, 163 of 2001,
\n                  177 of 2001and 160 of 2001 are allowed. Since, the appellants
\n                  namely, Dr. Raju Kumar Sao, Bindu Mandal, Mohan Rabidas,
\n                  Kanhai Mahto are on bail, they are released from the bondage of
\n                  bail bond. Further, Cr. Appeal No.s 232 of 2001 and 240 of
\n                  2001 are dismissed. Appellants namely, Gorwa Chamar @
\n                  Gorwa Rabidas, Koka Chamar @ Kuka Rabidas and Sanichar
\n                  Chamar @ Sanichar Rabidas are also on bail. Hence, their bail
\n                  bond is cancelled and learned trial court is directed to issue non-
\n                  bailable warrant of arrest against them for serving out the
\n                  sentence.<\/p>\n
\n\n\n\n                                                         [Pradeep Kumar, J]\n\nJharkhand High Court, Ranchi\nThe    10\/3\/2010\nA.K.M\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Jharkhand High Court Bindu Mandal vs State Of Jharkhand on 10 March, 2010 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 […]<\/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-81812","post","type-post","status-publish","format-standard","hentry","category-high-court","category-jharkhand-high-court"],"yoast_head":"\nBindu Mandal 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\/bindu-mandal-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=\"Bindu Mandal vs State Of Jharkhand on 10 March, 2010 - 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