RAMESH KUMAR Vs. HORILAL

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 06.02.1999 passed by the 2nd Additional Sessions Judge, Baloda Bazar in Sessions Trial No. 167/96, whereby and whereunder after holding the appellants guilty for attempt to commit robbery or dacoity armed with deadly weapons in furtherance of common intention, learned trial Court has convicted them under Section 398/34 of the IPC and sentenced them to undergo R.I. for seven years and to pay fine of Rs. 3,000/ - each, in default of payment of fine, additional S.I. for one year and six months.

(2.) CONVICTION is impugned on the ground that without there being an iota of evidence against the appellant, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed an illegality.

(3.) AS per case of the prosecution, complainant Jageshwar Sahu (PW -4) went to village Thargaon to attend the marriage ceremony in the house of Udal Sahu along with Bundeli Bai (PW -1), Rambati (PW -2), Geeta Bai, Leela Bai, Jodh Bai, Malti Bai, Pushpa Bai, Santoshi Bai and others. They are all relatives to each other. After attending the marriage ceremony, while they were returning back to their village Karipat, in the midway on fateful night of 21.04.1989 at about 1.00 a.m., three persons armed with axe and knife stopped their bullock cart and had taken their ornaments with a threat that if they will not surrender their ornaments they will kill them. Their faces are covered with clothes and speaking in Chhattisgarhi. After taking the ornaments, they fled from the spot. Thereafter, Jageshwar (PW -4) lodged First Information Report vide Ex.P -1 in the police station -Bilaigarh.