MD. SABBIR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel appearing for the appellant and learned Additional Public Prosecutor for the State.

(2.) THE above-stated sole appellant has been convicted under Section-395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and was also fined of Rs 5000.00 and in default of payment of fine, he was ordered to further undergo simple imprisonment for four months.

(3.) THE brief fact, which lies to file this Cr. Appeal, is that P.W. 7 Mahendra Narayan Das gave his fardbeyan to Officer-in-charge (R.S. O.P.) Araria on 22-06-1998 at 6.15 a.m. in injured condition at Araria hospital to this effect that he alongwith his other family members was returning Araria by his Maruti Car bearing Registration No. WB-74-2405 and in the midnight of 22-06-1998, he reached near Harya Bara bridge, he noticed that the road was blocked by a tree. He stopped his car but in the meantime, 30-40 persons being armed with lethal weapons, encircled his car and started pelting stones. The aforesaid persons also made firing and exploded bombs. He further stated that the aforesaid persons committed loot and in course of loot, they snatched cash, wrist watch, gold chain, gold ring, gold ear ring and other ornaments from his wife and sister-in- law. The aforesaid dacoits also snatched other belongings of the occupants of the car. In the meantime, one Tata 407 also came there. The aforesaid dacoits committed loot from the occupants of the aforesaid Tata 407. In the meantime, he as well as his other associates, anyhow, eluded from the clutches of the dacoits and came in a village, where they informed the villagers and after that, villagers came on the place of occurrence and removed the tree from the road. P.W. 7 further stated that when he tried to see the face of dacoits, one miscreant put dagger on him. He further stated that after committing the loot, dacoits fled away from the place of occurrence. On the basis of aforesaid fardbeyan of P.W. 7, Araria P.S. Case No. 233 of 1998 under Section-395 of the Indian Penal Code was registered and accordingly, formal FIR under the aforesaid sections was drawn up against 30-40 unknown persons.