PRAKASH KAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) CR . Appeal No. 210 of 1990 filed on behalf of Prakash Kahar and Cr. Appeal No. 234 of 1990 filed on behalf of Shailendra Kahar @ Kaua arise out of one and the same judgment and order dated 24 -5 -1990 passed by Shri B.N. Sinha, VIIth Additional Sessions Judge, Nalanda at Bihar sharif and similar question of law and facts are involved in both the appeals and hence they have been heard together and are going to be disposed of by this common order.

(2.) THE appellants and one Aley Hussain, who is not appellant here, were convicted under Secs. 395 and 412 of the Indian Penal Code hereinafter to be referred to as the Code and they were sentenced to undergo rigorous imprisonment for ten years each under Sec. 395 of the Code, no sentence having been awarded under Sec. 412 of the Code.

(3.) IT would be relevant and convenient to re -produce in brief the facts of the case. The informant Satya Narayan Jaiswal (P.W. 5) was at about 11.50 a.m. on 23 -1 -1989 along with his salesman Anugrah Prasad (P.W. 4) carrying a sum of Rs. 56,282 with pay in ship in a bag for depositing the same in the State Bank of India, Hilsa Branch. No sooner had the informant (P.W. 5) and his salesman (P.W. 4) reached near Shabnam Shoe Store on the main road of Hilsa than 5 -6 miscreants intercepted them and one of them put pistol on the chest of P.W. 5 and one of the associates caught hold of his hand and the other one snatched away his bag containing the aforesaid amount of money and pay in slip and thereafter, all the miscreants fled away along eastern lane from the main road. P.W. 5 raised alarm of dacoit/dacoit and rushed to police station. He claimed to have identified the appellant Shailendra Kahar, Anil Sao and Bhutali Kahar from amongst the miscreants. He also claimed to have ioentified other miscreants by face. The statement of P.W. 5 was recorded on the basis of which the formal F.I.R. was drawn up and Hiisa RS. Case No. 21 of 1989 giving rise to the instant case was registered. A police party headed by Sant Kumar Singh (P.W. 10), who was the Officer -in -charge of Hilsa Police Station set out to apprehend the miscreants and it succeeded in apprehending the appellants Shailendra Kahar @ Kaua, Binod Prasad and Prakash Kahar and accused Aley Hussain. The informants bag containing the cash worth Rs. 56,282 along with pay in slip was recovered and seized from possession of the accused Aley Hussain while a countrymade pistol and cartridges were recovered and seized from possession of the appellants Binod Prasad and Prakash Kahar respectively.