CHINTU THAKUR @ CHANCHAL THAKUR (IN 323) NANHAKI MIAN @ MANKI MIAN @ SAJID (IN 234) DEEPU @ KRISTOFAR @ KRISTOFAR SIMON (IN 298) TINKU RAM @ RAMESH RAM (IN 324) Vs. STATE OF BIHAR

JUDGEMENT

(1.) Six accused persons were charged together under Section 395 IPC by the learned 1st Additional Sessions Judge, West Champaran, Bettiah in Sessions Trial No.567 of 2006. Accused Ranjeet Robert was distinctly charged under Section 412 IPC. While delivering judgment on 24.01.2007 the learned Additional Sessions Judge found the above noted Ranjeet Robert and the four appellants, one in each of the batch of four appeals, guilty of committing offence under Section 395 IPC and directed each of them to suffer rigorous imprisonment for seven years and also to pay a fine of Rs.2,000/-, in default of which each of the appellants and the convict Ranjeet Robert was to undergo rigorous imprisonment for one month. Ranjeet Robert was also found guilty of the offence under Section 412 IPC but, no separate sentence was passed upon him for committing that particular offence. One of the six accused persons, namely, Irshad Mian was acquitted by the learned trial Judge in want of evidence. While Ranjeet Robert appears having not preferred any appeal, the four appellants have preferred the present batch of four appeals individually to challenge the order of conviction and sentence passed upon each of them.

(2.) The prosecution case is very short. It was stated by P.W.10, the informant of the case, that in the wee hours of 06.07.2006, to be precise at 3.30 A.M., he was coming after having alighted from a train by a rickshaw to his house. When he was on Supriya cinema road his rickshaw was surrounded by 7-8 unknown criminals, one of whom put a pistol at him. He started raising an alarm when the other criminal put his pistol on his chest and threatened him to kill if he raised any further cries. The same criminal is said to have taken out Rs.4800/- from the upper and inner pockets of the informant. The money was in the notes of denomination of Rs.100/- each. A third criminal snatched his titan watch valued about Rs.800/- and also picked up his Raxin bag containing his belonging which included two bank drafts in favour of Secretary, Bihar Intermediate Shiksha Parishad, Patna and other relevant papers kept inside the bag.

(3.) It was stated further that after the informant was relieved of his belongings, he was released by the criminals and by that time people of the neighbourhood had also been attracted to the place. Simultaneously, the police patrolling party also reached there and seeing them the miscreants started to run away but were chased and two of them were caught. One disclosed his name as Ranjeet Robert while the other was appellant Chintu Thakur @ Chanchal Thakur. On questioning, the two disclosed the names of their associates and those were the four appellants and accused Irshad Mian. The apprehended accused pointed out that the gang leader was one Perwez Mian and on search, a knife and cash in the sum of Rs.800/- constituted by notes of denomination of Rs.100/- each was recovered from the full-pant pocket of non-appealing convict Ranjeet Robert. The police prepared seizure memo after the recovery of knife and Rs.800/-.