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2018 (8) TMI 2142 - SUPREME COURTDacoity/Burglary - concrete proof to establish the participation of the appellant in the alleged crime or not - HELD THAT:- There was no instance of alleged dacoity on the time and place of occurrence wherein the accused was a party, we find from the deposition of Reena Devi (PW1), daughterinlaw of the informant that on the intervening night of 11th and 12th January, 1999 on hearing some disturbance, she woke up and found the assailants armed with sticks, looting articles in the house. When she tried to resist, they assaulted her and took away her ornaments including golden bangle and a chain and also tried to snatch her child. A brief case of her husband Neeraj Kumar (PW2) containing clothes and cash of Rs.5,200/ has also been stolen. Altogether the worth of stolen property would be Rs.25,000/. In that commotion, hearing her hue and cry her fatherinlaw—PW3 (informant) and motherinlaw came there who objected the assailants and they too were assaulted by the accused. In the case on hand, before looking at the confessional statement made by the accused—appellant in the light of Section 27 of the Evidence Act, may be taken into fold for limited purposes. From the aforesaid statement of the appellant, it is clear that he had explained the way in which the accused committed the crime and shared the spoils. He disclosed the fact that Munna Manjhi was the Chief/Head of the team of assailants and the crime was executed as per the plan made by him - The recoveries of used polythene pouches of wine, money, clothes, chains and bangle were all made at the disclosure by the accused which corroborates his confessional statement and proves his guilt. Therefore, the confessional statement of the appellant stands and satisfies the test of Section 27 of the Evidence Act. It is also clear from the statement of the accused—appellant that the inmates of the house suffered injuries at the hands of the accused party as they had beaten them with the pieces of wood (sticks) and created terror among them. The recovery of bloodstained sticks from the orchard of Kamal Jain and the FSL report (Ext.X) proves the circumstance with no manner of doubt. Another facet of the case as portrayed by the appellant in his defense is that the informant implicated the appellant in the crime with the connivance of I.O. due to old enmity. However, we do not find any evidence or material on record in support of such claim made by the appellant. On the other hand, not only by the recovery of Rs.400/ from the house of appellant his participation stands proved, with the other incriminating evidence available on record. There are no hesitation to conclude that the prosecution has proved the case against the accused—appellant beyond all reasonable doubts - there are no infirmity or illegality in the impugned judgment passed by the High Court - appeal dismissed.
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