The Patna High Court dismissed an appeal by an appellant convicted of dacoity under Section 395 IPC, holding that witness evidence and recovery of articles proved the prosecution case.
Criminal Appeal dismissed.
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Patna High Court CR. APP (SJ) No.546 of 2013 dt.04-12-2014
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.546 of 2013
Arising Out of PS.Case No. -86 Year- 2010 Thana -MUZAFFARPUR CITY District-
MUZAFFARPUR
=========================================================== 1. Rakesh Kumar @ Umesh Sahni @ Md. Aslam @ Gorka Son Of Abdul Jabbar R/O Mohalla-Gaffar Basti, P.S.-Brahampura, District-Muzaffarpur
.... Appellant
Versus
For the Appellant : M/S Ganesh Prasad Singh & Prabhat Kumar Singh, Advs. For the Respondent : Mr. Abha Singh, APP
=========================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL JUDGMENT
Date: 04-12-2014
Heard the learned counsel for the appellant and the
Gopal Prasad, J.
State.
Patna High Court CR. APP (SJ) No.546 of 2013 dt.04-12-2014
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disclosed his name as Rakesh Kumar @ Umesh Sahni @ Md. Aslam @ Gorka, resident of Gaffar Basti, P.S. Brahampura, district Muzaffarpur, and from his possession a black laptop was recovered and from the possession of other person, who disclosed his name as Shashi Kumar Sahni, a hammer meant for breaking lock was recovered along with iron rod. He has, further, stated that at the time of locking the informant in the room all the six persons had assaulted him and said Rakesh Kumar @ Umesh Sahni @ Md. Aslam @ Gorka and Shashi Kumar Sahni also disclosed the names of their coassociates, who fled away as Binod Kumar Sahni, Md. Ashraf, Md. Parvez and Md. Tauqeer with their addresses. The matter was immediately reported to the Police Station and the police force came, the fardbeyan recorded, first information report lodged and seizure list prepared and after investigation charge sheet submitted.
Patna High Court CR. APP (SJ) No.546 of 2013 dt.04-12-2014
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payment of fine to undergo rigorous imprisonment for one month.
Patna High Court CR. APP (SJ) No.546 of 2013 dt.04-12-2014
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search and seizure and proved his signature on the seizure list. P.W. 5 is the Officer-in-Charge, who has stated that he found the objective evidence of dacoity at the place of occurrence and found the broken lock of the grill and also found that the attempts were also made to unlock the kitchen and store room and he found the locks of the grill of verandah and three rooms broken and found the articles in the room ransacked and even attempts were made to unlock the kitchen, hence, from his evidence there is objective finding of dacoity and, further, article for breaking open the lock and other article apprehended.
(Gopal Prasad, J)
The Patna High Court, The 4th day of December, 2014, N.A.F.R. SA/-
1 issue framed by the court
Whether the evidence on record sufficiently establishes the offence of dacoity under Section 395 of the Penal Code against the appellant.
2 provisions across 1 enactments
Rakesh Kumar @ Umesh Sahni @ Md. Aslam @ Gorka
The State Of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
