JUDGMENT Rajendra Kumar Mishra, J.––These two appeals are directed against the judgment and order dated 25.6.1998/ 29.6.1998 passed by the Additional Sessions Judge-I, Madhubani, in Sessions Trial No. 183 of 1992/115 of 1997, arising out of Khajauli (Kaluahi) P.S. Case No. 46 of 1992 whereunder appellants above named have been convicted for the offence under Sections 395 and 412 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years under Section 395 of the Indian Penal Code with observation that there is no need for separate sentence under Section 412 of the Indian Penal Code. 2. Prosecution case as set out in the fardbeyan of the informant, Prameshwar Das (PW 1) is that he was working as E.D.M.S. in the post office of Madhubani Bazar. Due to leave of messenger of Kaluahi Post Office, the informant was temporarily posted there and from 7.3.1992 the informant was carrying the postal bags from the Head Post Office. On 9.3.1992 at about 11.30 a.m., the informant took 11 postal bags from Head Post Office, Madhubani and proceeded to Kaluahi Post Office on bicycle. Out of 11 bags, 9 bags were tied on the carrier and 2 bags were tied on the, handle of bicycle. When he reached in between Manga Tola and Gauri Das Tola, about 1000 yards South to iron bridge in lonely place, a white colour Maruti Van was parked facing north, its Dicky was open and five to six persons were standing nearby the Maruti Van. When the informant reached near the said Maruti Van, all of them, suddenly, asked him to stop and threatened him to shoot. On threatening, the informant became afraid and found himself in a lonely place, he could not raise alarm. Two persons surrounded him with Revolver and one person took out a knife and cut the string by which the postal bags were tied with the bicycle. Two persons took the bags and kept in the Dicky of the Maruti Van. He has further stated that two persons, who surrounded him on the point of Revolver, were resident of Madhubani. Informant further said that he had seen the two persons, who were removing the postal bags from bicycle and keeping in the Maruti Van. Two persons took the bags and kept in the Dicky of the Maruti Van. He has further stated that two persons, who surrounded him on the point of Revolver, were resident of Madhubani. Informant further said that he had seen the two persons, who were removing the postal bags from bicycle and keeping in the Maruti Van. Informant further stated that the two persons, who surrounded him on the point of Revolver, were Surendra Bari and Shiv Shankar Mahto (appellant in Criminal Appeal No. 275 of 1998), who carried the postal bags in the Maruti Van, the name of one was Md. Sabir (appellant No. 1 in Criminal Appeal No. 266 of 1998) and the name of another was Ramesh Mandal (appellant No.2 in Criminal Appeal No. 275 of 1998). Informant further stated that Md. Sabir, who was armed with Revolver told one of his associate, who had bracelet in his hand that Abhai, let us proceed as work was done. Thereafter all the Dacoits boarded in the Maruti Van and proceeded north towards Kaluahi. The Dicky of the Maruti Van was open due to that reason he could not see registration number of the Maruti Van. Thereafter he went to Police Station, Kaluahi and informed the police about occurrence. 3. In the light of the aforesaid written report of the informant, Parmeshwar Das (PW 1), recorded by Shankar Prasad Singh, A.S.I. of Kaluahi Police Station, formal F.I.R. (Ext.8) was drawn and Khajauli (Kaluahi) P.S. Case No. 46 of 1992 dated 9.3.1992 was registered, under Sections 395 of the Indian Penal Code. After investigation police submitted charge-sheet No. 20 of 1992 dated 10.6.1992 under Sections 395 and 412 of the Indian Penal Code. In the light of the charge-sheet, cognizance of the offence was taken and after supply of police papers the case was committed to the Court of Sessions for trial. On trial, though the impugned judgment and order, appellants have been convicted and sentenced as indicated above, while one accused, Sharban Kumar Yadav, acquitted to the charges. 4. During trial, to support the charge, the prosecution examined altogether 11 witnesses. On trial, though the impugned judgment and order, appellants have been convicted and sentenced as indicated above, while one accused, Sharban Kumar Yadav, acquitted to the charges. 4. During trial, to support the charge, the prosecution examined altogether 11 witnesses. They are Parmeshwar Das (PW 1) informant of this case, Bittu Paswan (PW 2), Ayodhya Nath Jha (PW 3), Ramadhin Paswan (PW 4), Gopal Das (PW 5), Ram Bilas Paswan (PW 6), Sridev Paswan (PW 7), Binay Kumar Jha (PW 8), Ashok Kumar Singh (PW 9), Bal Krishna Rai (PW 10). 5. PW 3, Ayodhya Nath Jha, PW 5, Gopal Das and PW 7 have been tendered by the prosecution to be cross-examined. PW 4, Ramadhin Paswan, PW 6, Ram Bilas Paswan and PW 8 Binay Kumar Jha, have not supported the prosecution case and they have been declared hostile. 6. PW 11, Anaitullah, is the formal witness, who has proved the signature in Urdu of Md. Sabir (appellant) as Ext. 7/4 on the seizure list in respect of Maruti Van, cash of Rs. 57,400/- and postal articles recovered from the Maruti Van. 7. PW 2, Bittu Paswan, has stated in his evidence that he does not know about occurrence and he has been declared hostile by the prosecution. But this witness in his cross-examination admitted his signature over the seizure lists, which were prepared for the seizure of one country-made loaded pistol and live cartridge from the possession of Shiv Shankar Mahto, one country made pistol from the possession of Ramesh Mandal and also in respect to Maruti Van bearing Registration No. BPG-3678, cash of Rs. 57,400/- recovered from the tool box of Maruti Van, postal articles and empty postal bags recovered from the Maruti Van, which have been marked as Exts. 2, 2/1 and 2/2. This witness also proved his endorsement on the seizure lists, regarding recovery in his presence as Exts. 3, 3/1 and 3/2. 8. PW 1, Parmeshwar Das, is the informant of the case. He has stated in his evidence that on 9.3.1992, he was carrying 11 postal bags from Head Post Office, Madhubani to Kaluahi. At about 11.30 a.m. when he reached in between Manga Tola to Gauri Tola on his bicycle then saw one Maruti Van of white colour standing there and its Dicky was open and 5 to 6 persons were present there. At about 11.30 a.m. when he reached in between Manga Tola to Gauri Tola on his bicycle then saw one Maruti Van of white colour standing there and its Dicky was open and 5 to 6 persons were present there. The informant further stated that two persons pointed pistol to him giving threatening, if he would raise alarm, they will shoot him. The informant left the bicycle, thereafter one man removed the bags from the bicycle and kept the same in the Dickky of the Maruti Van and they proceeded from there with Maruti Van. Thereafter, informant went to Kaluahi Police Station and informed about the Dacoity. Informant further stated that he identified three dacoits. He also stated that he identified two more Dacoits but they had been killed. The informant identified Md. Sabir (appellant) and Ramesh Mandal (appellant) and also claimed to identity naming, Shiv Shankar Mahto (appellant) during his evidence. The informant also proved his signature on the fardbeyan as Ext. 1. In cross-examination, the informant has stated that he was knowing Shiv Shankar Mahto (appellant) from before the occurrence, whose house is near the Kotwali Chouck. He has further stated that he had seen to Shiv Shankar Mahto (appellant) at Madhubani. This witness has also denied the suggestion that he has disclosed the name of Shiv Shankar Mahto (appellant) at the instance of police. The informant has further stated in cross-examination that he had seen Ramesh Mandal (appellant), at Madhubani from before the occurrence. He has also stated that Ramesh Mandal is resident of Village-Bala, which is 4 K.M. distance from Madhubani and at the time of occurrence Ramesh Mandal was keeping the postal bags in the Maruti Van from bicycle. 9. PW 9, Ashok Kumar Singh, is the A.S.I. of policy. He has stated in his evidence that he was posted at Kaluahi P.S. on 9.3.1992, on that day one postal employee of Madhubani Post Office came to Kaluahi Police Station and informed that he was carrying postal materials from Madhubani Post Office to Kaluahi and Basopatti, but near Gauri Das Tola, 5 to 6 Dacoits on the point of Pistol looted the postal bags from the bicycle and keeping the same in Maruti Van, proceeded towards Kaluahi to Khajauli. He has further stated that at that time, A.S.I., Shankar Singh, Officer in-charge of Kaluahi Police Station asked him to chase. He has further stated that at that time, A.S.I., Shankar Singh, Officer in-charge of Kaluahi Police Station asked him to chase. Postal employee did not disclose the number of Maruti Van, who had only stated that the Maruti Van was of white color. This witness has further stated that he proceeded with his Government Revolver on his Bullet Motorcycle with Constable No. 289, Bal Krishna Rai (PW 10) who was present there. In course of hot chase, after reaching at Pipra Ghat Bridge, he made inquiry then came to know that a Maruti Van of white colour has passed in the right direction. After covering the distance and crossing village, he saw one white colour Maruti Van at the distance of one and half Kilometer then he accelerated the speed of motorcycle. After crossing the turning covered by both side by orchard he saw the vehicle at wooden bridge then he proceeded there and stopped the motorcycle near the driver of the Maruti Van. This witness said that he raised alarm to hold them, on which, one culprit who occupied the seat of the driver, opened the gate and fired on him. However, he saved himself, in the meantime, the miscreants who were sitting in the back side, came out by opening the door and started firing. He also did firing in his defence in which one miscreant sustained injury. All the miscreants began to run towards North of the road but one of the miscreant who sustained injury fell down there. Constable, Bal Krishna Rai (PW 10) while caught hold the one miscreant, who was with beard, but he assaulted the constable with the butt of Revolver and fled away. PW 9 has further stated that large number of people who were working in the nearby fields also saw them. Thereafter he along with constable came near the Maruti Van and injured miscreant and some villagers also came there. This witness has further stated that village-choukidar, villagers came there catching hold four miscreants and in that course, the miscreants also sustained injury. This witness has further stated that after some time, A.S.I. of Andharatharhi Police Station came there and made query to Surendra Bari, who disclosed the name of Abhai Sinha as one of the injured miscreant and also disclosed the name of other miscreants. This witness has further stated that after some time, A.S.I. of Andharatharhi Police Station came there and made query to Surendra Bari, who disclosed the name of Abhai Sinha as one of the injured miscreant and also disclosed the name of other miscreants. This witness has further stated that he made search of the miscreants and in that course, one country-made pistol containing a empty cartridge of 303 bore was found from the possession of Abhai Sinha, one loaded country-made pistol was found from the possession of Ramesh Mandal and one country-made loaded pistol and live cartridge recovered from the possession of Shiv Shankar Mahto. The aforesaid arms were seized in presence of the villagers. This witness further stated that in presence of the witnesses, the Maruti Van was searched and, from the tool box situated in the front portion of Maruti Van, cash of Rs. 57,400/-, 21 postal bags and other postal articles were recovered from the Maruti Van, which were seized in presence of the witnesses. The informant has further stated that he prepared the written report and four seizure lists and handed over the same with seized articles to A.S.I. of P.S. Andharatharhi. This witness has further stated in his re-examination that one loaded country-made pistol was recovered and seized from the waist of Ramesh Mandal (appellant), he prepared the seizure list and put his signature in presence of witnesses Bittu Paswan (PW 2) and Ayodhya Nath Jha (PW 3) and proved the seizure list as Ext. 4 and also proved the signature of the witnesses as Exts. 4/1 and 4/2. He also pointed out that, Niteshwar Prasad Singh, A.S.I. of Andharatharhi Police Station, also put his signature on seizure list and proved his signature as Ext. 4/3. Ramesh Mandal (appellant) also put his signature (Ext. 4/4). This witness has further stated that one loaded country-made pistol and one cartridge recovered from the possession of Shiv Shankar Mahto (appellant), he prepared the seizure for same and put his signature and proved the seizure list as Ext.5. This witness has also stated that on the seizure list, Bittu Paswan (PW 2) and Ayodhya Nath Jha (PW 3) also put their signature as a witness and proved their signature as Exts. 5/1 and 5/2 and also proved the signature of A.S.I., Niteshwar Prasad Singh as Ext. 5/3. This witness has also stated that on the seizure list, Bittu Paswan (PW 2) and Ayodhya Nath Jha (PW 3) also put their signature as a witness and proved their signature as Exts. 5/1 and 5/2 and also proved the signature of A.S.I., Niteshwar Prasad Singh as Ext. 5/3. This witness has also stated that Shiv Shankar Mahto (appellant) put his signature on the seizure list and proved the same as Ext. 5/4. This witness has further stated that he prepared the seizure list of the Maruti Van of white colour along with cash of Rs. 57,400/- found in the tool box wrapped with handkerchief and also 21 postal bags and postal articles found in the Maruti Van in presence of witnesses, Bittu Paswan (PW 2) and Ayodhya Nath Jha (PW 3) and also proved the seizure list Ext.7 and also proved the signature of witnesses as Exts. 7/1 and 7/2 respectively and also the signature of Niteshwar Prasad Singh, A.S.I. on seizure list as Ext. 7/3. This witness has stated in his cross-examination in paragraph 29 that when he reached near the Maruti Van, it was standing there as the tyre-cart was coming from opposite direction as the road was narrow. This witness has further stated in para 51 in cross-examination that postal peon had given the information to the police station about the loot of postal bags and the distance of the place of occurrence to police station about 3 to 4 K.M., the informant had come to the police station by his bicycle. This witness has further stated that postal peon had not disclosed the name of dacoits to him at that time. 10. PW 10, Bal Krishna Rai, is the constable and was posted at the time of occurrence at Kaluahi Police Station and has supported the evidence of PW 9. This witness has stated that on the date of occurrence at about 1 O'clock in the day, the postal peon came at the police station and told about the loot postal bags in South of Gauri Das Tola, in lonely place, on the point of revolver by miscreants who fled away by Maruti Van. This witness has further stated that Officer in-charge of Kaluahi Police Station. Shiv Shankar Singh, ordered to Ashok Kumar Singh (PW 9) to chase the Dacoits and, accordingly, Ashok Kumar Singh (PW 9) proceeded with him by his motorcycle. This witness has further stated that Officer in-charge of Kaluahi Police Station. Shiv Shankar Singh, ordered to Ashok Kumar Singh (PW 9) to chase the Dacoits and, accordingly, Ashok Kumar Singh (PW 9) proceeded with him by his motorcycle. In course of chase, he along with Ashok Kumar Singh reached near Kanauli village, where Maruti Van was seen in standing condition due to coming of tyre-cart from opposite direction because the road was narrow. This witness has further stated that when the Ashok Kumar Singh (PW 9) stopped his motorcycle near the Maruti Van and raised alarm to hold, in the meantime, miscreants started to firing by opening the door. At that time, they saved themselves concealing behind the motorcycle. Ashok Kumar Singh (PW 9) also did fire in safety in which one miscreant sustained injury, who fell down in the field and the other miscreants started to flew away in the North-East side. In that course, he caught hold one miscreant, who was with beard, but the miscreant causing assault with butt to him succeeded to flee away. This witness has further stated that the villagers also started to chase the miscreants. PW 10 further stated that he along with Ashok Kumar Singh (PW 9) came near the Maruti Van and the miscreant, who fell down sustained injury and on search, one country-made pistol with empty cartridge was recovered. This witness further stated that cash of Rs. 57,400/- postal bags and postal articles were recovered from the Maruti Van which was seized. This witness further stated that four dacoits were caught hold by the villagers. This witness has further stated that in course of search two persons were also found in possession of country-made pistol. This witness has further stated that in course of scuffle with one miscreant, he sustained injury to the butt of the pistol. This witness has further stated that the name of miscreant who sustained injury was Abhai Sinha. 11. This witness has further stated that in course of search two persons were also found in possession of country-made pistol. This witness has further stated that in course of scuffle with one miscreant, he sustained injury to the butt of the pistol. This witness has further stated that the name of miscreant who sustained injury was Abhai Sinha. 11. In the light of the evidence as discussed above, learned counsel appearing on behalf of the appellants submitted that PW 1, Parmeshwar Das has detailed the name of appellants showing involvement in dacoity of postal bags but Ashok Kumar Singh (PW 9) has stated in his evidence that postal peon (PW 1) who had come at police station informed about the loot of postal bags by 5 to 6 dacoits near Gauri Das Tola on the point of pistol who were present therewith Maruti Van. This witness has specifically stated in paragraph 51 in cross-examination that the postal peon had stated about the loot of postal bags, 3 to 4 K.M. away from the Police Station and also stated about reaching at Police Station by bicycle. The postal peon (PW 1) had not disclosed the name of dacoits to him. As such the evidence of Ashok Kumar Singh (PW 9) indicates that when postal peon (PW 1) reached at police station had not disclosed the name of appellants and at that time fardbeyan of PW 1 was not recorded but later on in the pressure of police, the name of the appellants have been detailed in the fardbeyan. It is further submitted that while it has come in the evidence of PWs 9 and 10 that when they reached near Maruti Van then the appellants and others started to flee away opening the door of Maruti Van by making firing. On search of Maruti Van by Ashok Kumar Singh (PW 9), cash of Rs. 57,400/-, postal articles and postal bags were recovered and seized along with Maruti Van but the cash, postal articles and postal bags were not produced by prosecution before the Court during trial. As such, the defence has been prejudiced due to non-production of seized cash and postal articles during the trial before the trial Court. 12. 57,400/-, postal articles and postal bags were recovered and seized along with Maruti Van but the cash, postal articles and postal bags were not produced by prosecution before the Court during trial. As such, the defence has been prejudiced due to non-production of seized cash and postal articles during the trial before the trial Court. 12. Learned counsel for the State opposed the submission of the learned counsel for the appellants and made submission that it is clear from the evidence of postal peon, Parmeshwar Das (PW 1), that just after the occurrence, he reached at police station Kaluahi, informed the Officer Incharge, Shankar Prasad Singh, who recorded his fardbeyan. Ashok Kumar Singh (PW 9) has stated in his evidence that he was instructed by the Officer Incharge, Shankar Singh to chase the Maruti Van used in the loot. As such none disclosing the name of accused by Parmeshwar Das (PW 1) to Ashok Kumar Singh (PW 9) is immaterial and prosecution case could not be disbelieved. The learned counsel for the state further made submission that it is clear from the trial Court records that the cash and postal articles as recovered and seized by PW 9 on being chased of the Maruti Van, occupied the appellants has been released vide order dated 1.4.1992 in favour of Assistant Superintendent of Post Office, Madhubani on his prayer since the postal articles and cash were to be delivered at its destination. As such, non-production of the seized postal articles and cash during trial do not cast any doubt about seized articles. It is further submitted that seized Maruti Van was also released in favour of Dr. Prahalad Kara on his prayer on 25.5.1992. It is also submitted that as far as non-production of seized arms and ammunition during the trial of present case is concerned, regarding the recovery of arms and ammunition, separate case, i.e., Andhera Thandi P.S. Case No. 32 of 1992 was instituted separately which would appear from seizure lists as Exts. 4, 5 and 6. 13. Having heard the learned counsel for the parties and perusal of the evidence of informant PW 1, PW 2, PW 9 and PW 1a, it is evident that on 9.3.1992, PW 1, informant, Parmeshwar Das, Postal Peon proceeded from Madhubani Post Office with postal bags keeping the same on carrier and handle of his bicycle to Kaluahi Post Office. 13. Having heard the learned counsel for the parties and perusal of the evidence of informant PW 1, PW 2, PW 9 and PW 1a, it is evident that on 9.3.1992, PW 1, informant, Parmeshwar Das, Postal Peon proceeded from Madhubani Post Office with postal bags keeping the same on carrier and handle of his bicycle to Kaluahi Post Office. When informant (PW 1) reached at about 11.30 a.m. in between Manga Tola and Gauri Das Tola, 5 to 6 persons were present near Maruti Van of which dickey was open. Out of 5 to 6 persons two pointed the Pistol on the informant, one took the postal bags from bicycle and kept in dickey of Maruti Van and proceeded with Maruti Van from there. Thereafter, informant (PW 1) went to Kaluahi Police Station and gave information. Informant (PW 1) claimed to identify five dacoits including appellants, out of which two have been killed. Informant (PW 1) identified Md. Sabir and Ramesh Kumar Mandal (appellants) in Court and claimed to identify Shiv Shankar Mahto (appellant). PW 9, Ashok Kumar Singh, A.S.I., has stated that the postal peon (PW 1) had come at Police Station Kaluahi and informed about dacoity of postal bags and carrying the postal bags by dacoits by white colour of Maruti Van. The Officer Incharge, Shankar Prasad Singh, instructed him to chase the Maruti Van. Accordingly, PW 9 accompanying with constable, Bal Krishna Rai (PW 10), proceeded to intercept the Maruti Van and in that course, the Maruti Van was seen in standing condition as the tyre-cart was coming from opposite direction and the road was narrow. Ashok Kumar Singh (PW 9) stopped the motorcycle near the Maruti Van the occupants of the Maruti Van started to flee away opening the door by making firing. PW 9 did firing through his Pistol to save themselves in that course one miscreant sustained injury and fell down near the Maruti Van. While four including the appellants were caught hold by Village-choukidar and villagers. In the meantime, officer-Incharge of Andharathari P.S. also reached. On query, the injured miscreant disclosed his name as Surendra Bari and also disclosed the name of the other miscreant sustaining injury as Abhai Sinha. On search of Maruti Van, Rs. While four including the appellants were caught hold by Village-choukidar and villagers. In the meantime, officer-Incharge of Andharathari P.S. also reached. On query, the injured miscreant disclosed his name as Surendra Bari and also disclosed the name of the other miscreant sustaining injury as Abhai Sinha. On search of Maruti Van, Rs. 57,400/- recovered from tool box, postal articles and postal bags were also recovered from the Maruti Van and Ashok Kumar Singh (PW 9) prepared the seizure list (Ext. 7). PW 9 also prepared the seizure lists Ext.4, Ext.5 and Ext.6 regarding recovery of arms and ammunitions from possession of Shiv Shankar Mahto, Ramesh Mandal and Abhai Sinha. Ashok Kumar Singh (PW 9) handed over the seized articles to Officer Incharge, Andharathari Police Station. Ext. 4 and Ext. 5 are order sheets dated 22.4.1992 and 25.4.1992 of the Court of C.J.M., Madhubani. Ext. 4 shows that postal articles and cash etc. have been released on the prayer of Assistant Superintendent of Post Office, Madhubani for distribution to concerned. Ext. 5, order sheet dated 25.4.1992 shows that seized Maruti Van also released in favour of owner, Prahalad Karak. As such non-production of seized postal articles in trial Court do not cast any doubt about the seized articles. As far as submission of learned counsel for the appellants that non-disclosing of the name of dacoits by the informant Parmeshwar Das (PW 1) to Ashok Kumar Singh (PW 9) is concerned, I do not find much force in the submission, as Parmeshwar Das (PW 1) at the first instance, made his fardbeyan to Shankar Prasad Singh, Officer Incharge of Kaluahi Police Station wherein informant (PW 1) disclosed the name of dacoits. Shankar Prasad Singh thereafter, directed Ashok Kumar Singh (PW 9) to follow the dacoits in the direction they fled in the Maruti Van. The informant (PW 1) has no occasion to disclose the name of dacoits to Ashok Kumar Singh (PW 9). On this score the evidence of informant (PW 1) cannot be disbelieved and the disclosure of name of dacoits by informant (PW 1) in his fardbeyan does not appear to be after thought or after recovery of looted articles. 14. In view of the aforesaid discussion, I do not find any reason to interfere with judgment of conviction. On this score the evidence of informant (PW 1) cannot be disbelieved and the disclosure of name of dacoits by informant (PW 1) in his fardbeyan does not appear to be after thought or after recovery of looted articles. 14. In view of the aforesaid discussion, I do not find any reason to interfere with judgment of conviction. The learned trial Court sentenced the appellants only under Section 395 of the Indian Penal Code although also held guilty under Section 412 of the Indian Penal Code but no separate sentence was passed thereunder. The learned counsel for the appellants tried his best to persuade to modify the sentence by taking lenient view as the appellants already remained in jail for six and half years but I do not find the present case in which lenient view can be taken, only because a broad day dacoity was committed on road while postal peon (PW 1) was carrying postal bags containing money and postal articles. Therefore, in my view, the sentence is also appropriate and need no modification. 15. In the result both criminal appeals are dismissed. The appellants are on bail, hence their bail bonds are cancelled and directed to surrender before the trial Court to serve out the remaining period of sentence. Appeal dismissed.