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TMI Blog2018 (8) TMI 2142X X X X Extracts X X X X X X X X Extracts X X X X ..... reya, P.S. Moffasil, District Gaya and decamped with golden ornaments, pants and cash. In the protest by the inmates of the house, the assailants caused injuries to Kamdeo Singh, his fatherinlaw Kameshwar Singh, son Niraj Kumar (PW2), wife Sita Devi and daughterinlaw Reena Devi. The stolen items include golden bangle, golden rings, cash of Rs.5,000/ and altogether the worth of stolen property would be Rs.25,000/. At about 2 am in the night, Kamdeo Singh lodged a complaint with the Moffasil police, on the basis of which a case under Section 395/412, IPC was registered against unknown persons. Zamil Ashgar (PW10)-Officer incharge of the Muffasil P.S. took up the investigation and rushed to the place of occurrence. He recorded statement (Ext. 4) of Kamdeo Singh (PW3), prepared injury reports in respect of the inmates of the house and sent them to hospital for treatment. As the injured Kameshwar Singh had succumbed to the injuries, charged under Section 396, IPC was replaced for the offence under Section 395, IPC against the accused. In the course of further investigation, police arrested some of the accused, recorded their statements, recovered some money ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lace of occurrence in which the accused-appellant was a participant. Moreover, the appellant was not identified by any witness in the test identification parade and also in the Court. This circumstance itself points at the innocence of the appellant. The case was fastened against the accused out of enmity and it is with the connivance of the informant and I.O. who dragged the accused into the alleged crime. The recovery made by the police, of a petty amount of Rs.400/ from the house of the appellant could not be an incriminating factor. One cannot claim it to be the looted money connecting him to the crime, more so when there was no claim for such money by the informant or any other prosecution witness. Even the alleged confessional statement of the appellant, cannot be given legal validity as it was not made before a Magistrate. Particularly when the trial Court itself expressed doubt on the genuineness of the confessional statement as the alleged confessional statements of other accused were also under the same handwriting and drawn by the police, they cannot be taken into account. 8. It is further case of the appellant that the prosecution could not prove the motive of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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. 11. Corroborating the statement of PW1, PW2-Neeraj Kumar, stated that the accused caused injuries to Kameshwar Singh due to which he fell down on the ground and later on succumbed to the injuries in the hospital. The evidence of PW3-informant also on the same lines as that of PWs 1 and 2. According to Zamil Asghar-the Investigating Officer (PW10), on receiving information about the occurrence of dacoity, the FIR (Ext.5) was registered and thereafter he visited the place of occurrence and recorded the statement of the informant and other inmates of the house and sent the injured to Piligrim Hospital, Gaya for their treatment. Upon knowing that the alleged assailants were at Mohalla Balapar where they were consuming wine, he proceeded to that place and then rushed to the house of main accused Munna Manjhi and apprehended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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. It is also came into light by his confession that the accused broke the doors of the house of informant with the aid of heavy stones and assaulted the inmates with pieces of wood (sticks). He categorically stated that he and Rampati Manjhi were guarding at the outside while other accused were committing the theft. 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. 14. As regards the claim of appellant that nonidentification of the accused by the witness would not substantiate the prosecution case, admittedly no prosecution witness has identified the accused-appellant which does not mean that the prosecution case against the accused is on false footing. As a general rule, identification tests do not constitute substantive evidence. The purpose of identification test is only to help ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om 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. 18. In view of the foregoing discussion and having regard to the facts and circumstances of the case we have no hesitation to conclude that the prosecution has proved the case against the accused-appellant beyond all reasonable doubts. We, therefore, find no infirmity or illegality in the impugned judgment passed by the High Court. Consequently, the appeal preferred by the acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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