BHURE YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the revision petitions have been filed against judgment dated 10.05.2013 passed by Additional Sessions Judge, 2 nd Rohtas at Sasaram dismissing the Cr. Appeal No. 15/2013 filed on behalf of Bhure Yadav (petitioner in Cr. Revision. No.654/2013) as well as Cr. Appeal No. 20/2013 filed on behalf of Dhiraj Kumar Yadav and Biru @ Binod Yadav (petitioners in Cr. Revision No. 649/2013) commonly originate against the judgment dated 25.02.2013 passed by SDJM, Dehri-on-Sone in G.R.Case No. 302/2012 convicting all the three petitioners under Section 392 of the IPC and sentenced each of them to undergo R.I. for three years and also slapped fine of Rs.5000/- each and in default thereof, to undergo sentence of six months additionally.

(2.) With the consent of the parties both the petitions have been heard analogously and are being disposed of by a common judgment.

(3.) PW-5, Ehsan Ahmad filed a written report on 16.07.2012 disclosing therein that on the same day he along with Jamil Ahmad had gone to Punjab National Bank to deposit Rs. 3,35,500/-. Rs. 1,95,500/- was kept in a bag while remaining amount was kept by him in his pocket. While he was standing at Counter No-1 of the bank, his friend Jamil was standing near Counter No.2. At that very time, one person came and stood up behind him. After some time, he left therefrom replaced by different person who got some currency notes of Rs. 10 and 20 spread over the floor and then began to utter as to whose money has fallen. During course thereof, he snatched the bag and threw towards another person who was standing nearby and then both of them ran away. He after raising alarm chased the miscreants who fled away on motorcycle. They began to search out the third person who was apprehended near Kamdhenu Sweet Shop. On being asked, he disclosed his identity as Bhure Yadav and further disclosed the names of his associates as Dhiraj Yadav and Binod Yadav who escaped with the cash to Mohania where all of them were staying in a Dharamshala awaiting his arrival. Then thereafter, he along with apprehended accused had gone to the police station where he submitted written report as well as had also produced the apprehended accused, Bhure Yadav.