- (1.) This appeal is against a judgment and order dated 14th June, 2014 passed by the learned Additional District Sessions Judge, Fast Track Court No.4, Raghunathpur, District" Purulia in Sessions Case No.1 of 2001, Sessions Trial No.2 (3) of 2003, whereby the accused appellant has been convicted under Section 412 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for a term of ten years and further to pay fine of Rs.20,000/-. The accused appellant has, however, been acquitted of the charge under section 396 of the Indian Penal Code.
(2.) The prosecution case in brief is that, on the night of 12-13-07-1997 between 1.30 hours and 1.40 hours, 10 to 12 unknown dacoits committed dacoity in the house of Late Baneswar Mahato and caused his death by hurling bombs. The unknown dacoits allegedly entered the house through the main road and ransacked all the rooms, after terrorizing the other inmates in the house and decamped with cash of Rs.500/-, utensils, wearing clothes, one Atlas Bi-cycle, one Anglo Swiss Wrist watch, one Eveready torch etc.
(3.) As observed above, so far as this appellant is concerned, the charge against him under Section 396 of the Indian Penal Code of dacoity was not established. The learned Sessions Court held the accused appellant guilty of charge under Section 412 of the Indian Penal Code. Section 412 of the Indian Penal Code provides as follows. "412. Dishonestly receiving property stolen in the commission of a dacoity. " Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with [imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.";