SANATAN RANA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The prosecution story unleashed by the prosecution against the three accused on the basis of fardbeyan of P.W. 13-Santoshila, widow of deceased Rafayal Hembram recorded at Palazori Police Station, to the effect that on 31-7-1995 at about 8.30 p.m. a dacoity took place in the house of the complainant, followed by the murder of her husband by gunshot. The further case of the prosecution is that the dacoits have also committed the murder of Sobran Hembram, a neighbour of the informant who came to the spot on hearing the alarms. The dacoits have committed a dacoity in the torchlight. The complainant further stated that there was also a burning lantern. It was further alleged that the dacoits were not covering their faces. The complainant found one of the dacoits having his face resembling to that of Sanatan Murmu.

(2.) On the basis of the fardbeyan, a criminal case was set in motion under Sections 396, 397, 398 and 412 I.P.C. The Trial Court after the conclusion of the trial convicted the three accused including the appellant-Sanatan Rana under Sections 396, 397 and 398 and recorded the conviction and sentence for life and a fine of Rs.5,000/- in default rigorous imprisonment for one year on three counts. Being aggrieved all the convicted accused preferred separate criminal appeals. The appellant-Sanatan Rana preferred criminal appeal No.130 of 2000. Accused-Hemlal Rana preferred criminal appeal No.175 of 2000 and accused-Subodhan Rana preferred criminal appeal No.182 of 2000. The High Court allowed the appeal preferred by accused Hemlal Rana and dismissed the appeals preferred by the accused Sanatan Rana (appellant herein) and accused Subodhan Rana. The present appeal is filed by Sanatan Rana by special leave.

(3.) We have heard the parties at length.