MD. SABIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals are directed against the Judgment and Order dated 25.06.1998/29.06.1998 passed by the Additional Sessions Judge -I, Madhubani, in Sessions Trial No. 183 of 1992/ 115 of 1997, arising out of Khajauli (Kaluahi) P.S. Case No. 46 of 1992 whereunder appellants above named have been convicted for the offence under Sections 395 and 412 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years under Section 395 of the Indian Penal Code with observation that there is no need for separate sentence under Section 412 of the Indian Penal Code.

(2.) PROSECUTION case as set out in the Fardbeyan of the informant, Prameshwar Das (P.W.1) is that he was working as E.D.M.S. in the post office of Madhubani Bazar. Due to leave of messenger of Kaluahi Post Office, the informant was temporarily posted there and from 07.03.1992 the informant was carrying the postal bags from the Head Post Office. On 09.03.1992 at about 11.30 A.M., the informant took 11 postal bags from Head Post Office, Madhubani and proceeded to Kaluahi Post Office on bicycle. Out of 11 bags, 9 bags were tied on the carrier and 2 bags were tied on the handle of bicycle. When he reached in between Manga Tola and Gauri Das Tola, about 1000 yards south to iron bridge in lonely place, a white colour Maruti Van was parked facing north, its Dicky was open and five to six persons were standing nearby the Maruti Van. When the informant reached near the said Maruti Van, all of them, suddenly, asked him to stop and threatened him to shoot. On threatening, the informant became afraid and found himself in a lonely place, he could not raise alarm. Two persons surrounded him with Revolver and one person took out a knife and cut the string by which the postal bags were tied with the bicycle. Two persons took the bags and kept in the Dicky of the Maruti Van. He has further stated that two persons, who surrounded him on the point of Revolver, were resident of Madhubani. Informant further said that he had seen the two persons, who were removing the postal bags from bicycle and keeping in the Maruti Van. Informant further stated that the two persons, who surrounded him on the point of Revolver, were Surendra Bari and Shiv Shankar Mahto (appellant in Criminal Appeal No.275 of 1998), who carried the postal bags in the Maruti Van, the name of one was Md. Sabir (appellant no. 1 in Criminal Appeal No. 266 of 1998) and the name of another was Ramesh Mandal (appellant no.2 in Criminal Appeal No. 275 of 1998). Informant further stated that Md. Sabir, who was armed with Revolver told one of his associate, who had bracelet in his hand that Abhai, let us proceed as work was done. Thereafter all the Dacoits boarded in the Maruti Van and proceeded north towards Kaluahi. The Dicky of the Maruti Van was open due to that reason he could not see registration number of the Maruti Van. Thereafter he went to Police Station, Kaluahi and informed the police about occurrence.

(3.) DURING trial, to support the charge, the prosecution examined altogether 11 witnesses. They are Parmeshwar Das (P.W.1) informant of this case, Biltu Paswan (P.W. 2), Ayodhya Nath Jha (P.W.3), Ramadhin Paswan (P.W.4), Gopal Das (P.W.5), Ram Bilas Paswan (P.W.6), Sridev Paswan (P.W.7), Binay Kumar Jha (P.W.8), Ashok Kumar Singh (P.W.9), Bal Krishna Rai (P.W.10).