AAINUL AND ORS. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the State.

(2.) BOTH these appeals have been heard together and are being disposed of by this common judgment as they arise out of the same judgment of conviction dated 09.07.2013 and order of sentence dated 12.07.2013 passed by Shri Prabhu Nath Singh, 9th Additional Sessions Judge, Muzaffarpur in connection with Sessions Trial No. 434 of 2010/322/2012 arising out of Kurhani P.S. Case No. 55 of 2010.

(3.) THE prosecution case, as alleged in the First Information Report recorded on the basis of fardbeyan of one Arvind Kumar is that he is a business man of potato and onion in Hazipur Bazar Samiti and used to send his articles to Muzaffarpur Bazar Samiti, Karja and Motipur etc. On Tuesday i.e. 16.03.2010 as usual he proceeded from Hazipur to collect the dues from the dealer to whom he used to supply the articles, visited different places, collected his dues and reached Muzaffarpur Bazar Samiti and also collected his dues from Ganesh Potato Bhandhar, Muzaffarpur. Thereafter he proceeded for Hazipur along with Shiv Bhushan Jha by motorcycle. The entire collected money was to the tune of Rs. 2,14,000/ - which was kept in a black bag. At about 4:00 P.M. he reached near village Baliya (Fatehpur) under Fakuli O.P. In the meantime, one white colour Victa with pasted sticker of Vodafone overtook his vehicle and surrounded him by front side, and 2 -3 criminals got down from the Victa, came to the informant and pointed pistol on him. In the meantime, four persons came on the two motor -cycles, out of the two motorcycles the informant noted the number of one motorcycle bearing No. BR06M/0937 and the person on the said motorcycle came to Shiv Bhushan Jha and snatched the bag containing cash from him. When the informant protested then the accused persons fired from his pistol and fled away by the motorcycle. The further case is that the informant took out the key of one motorcycle on which accused persons had come and threw the key of the said motorcycle. The further case is that the informant and his staff made hulla then the persons in the nearby village collected but the accused persons on Victa fled away towards Hazipur but the person, who had got down from the motorcycle and looted the bag, remained engaged in getting his motorcycle started. In the meantime, the persons of the nearby villages collected and then the said criminal tried to flee away towards east of the road through the agricultural field along with the bag containing the money. The informant tried to obstruct the criminal fleeing with the bag but the accused persons pushed the informant leading to his fall. The further case is that the accused persons were 25 -35 years old wearing pant and shirt. One criminal was of dark face and others were of wheatish and simple colour. They were using local language and during talk they were addressing one another as Aainul and Hussaini.