- (1.) ON being satisfied with the grounds, the delay of 7 days in filing this appeal is condoned. I. A. No. 252 of 2011 stands disposed of. Acquittal Appeal (D.B.) No. 5 of 2011: This acquittal appeal has been filed against the judgment dated 28.10.2010 passed by Sri Ram Dhari Yadav, Additional Sessions Judge, F.T.C. II, Dhanbad in Sessions Trial Case No. 190 of 2007 and 46 of 2008 acquitting the accused persons (respondents) � Amit Kumar Chouhan, Baleshwar Pandey @ Baleshwar Pathak @ Bablu, Narayan Bhuiya, Md. Raza, Krishna Nandan Paswan, & Chandbali Harijan for the charges under Sections 395 and 412 of I.P.C.
(2.) THE prosecution case in short is that on 07.11.2006 at about 7:00 P.M. when the informant was coming from Dhanbad with the son of his maternal uncle, near the river bridge suddenly some miscreants came and threatened him with lathi and knife and also abused and assaulted the informant. The miscreants took away his motor-cycle and also Rs. 200/- from the pocket of the informant. So far as the acquittal under Section 395 of I.P.C. is concerned, we find no reason to interfere with the same, as the witnesses did not identify the accused persons. So far as the factum of dacoity is conerned, it was proved by the prosecution. Charges under Section 412 of I.P.C. was framed against Baleshwar Panday @ Bablu from whose possession Helmet was recovered. Such charges were also framed against Narayan Bhuiya from whose possession looted motor-cycle was recovered. So far as Baleshwar Pandey @ Bablu is concerned, as only Helmet was recovered which is a common article and which was not put on T.I. Parade, we are not inclined to convict him under Section 412 of I.P.C. However, so far as Narayan Bhuiya is concerned, recovery of the looted motor-cycle from his possession is fully supported by the seizure witnesses. The description given by the informant regarding the chasis number and engine number etc. tallyied with the seized motor-cycle. The number plate was found tampered.
(3.) AFTER carefully going through the records and hearing the parties, we are of the opinion that prosecution has been able to prove its case against Narayan Bhuiya so far as the charges under Section 412 of I.P.C. is concerned.;