MD ASLAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision petition is directed against the judgment of the 2nd Additional Sessions Judge, Dhanbad affirming the judgment of the Assistant Sessions Judge by which the sole petitioner has been convicted under S. 397 of the I.P.C. and sentenced to undergo rigorous imprisonment for a period of seven years.

(2.) According to the case of the prosecution, Prahlad Roy (P. W. 1) was employed in the Ramesh Trading Company and was in the charge of the office at Chirkunda. He had been residing at Purana Bazar in Dhanbad. On 18-12-1981 at about 7.30 P.M. after finishing his work, he boarded a taxi (Popularly known as trekker) at Chirkunda to go to Dhanbad along with other passengers. On the way at Kumardubbi two more passengers boarded the taxi. When the driver was taking the vehicle through a diversion on the road the said two passengers got it stopped by whipping out a revolver towards him. The informant was dragged out from the taxi by them. As commanded by the culprits the vehicle was driven away leaving the informant alone with them. The culprits thereafter snatched wrist watch and a gold ring from the informant. While the offenders were engaged in searching the person of the informant a car came from the opposite direction and stopped at that place. Rana Pratap Singh (P. W. 4) the Officer-in-charge of Nirsa Police Station got down from the said car and made enquiry from the informant. As soon as P. W. 4 alighted from the car the culprits fled away. Having learnt from the informant that he was robbed Rana Pratap Singh (P. W. 4) chased the culprits and ultimately succeeded in apprehending the petitioner. The wrist watch and the gold ring of the informant as also a country made revolver with five cartridges were recovered from the possession of the petitioner for which a seizure list (Ext. 3) was prepared. On being questioned, the petitioner disclosed his name after his arrest. The informant identified the petitioner as one of the person who had robbed him. The fardbeyan (Ext. 1) of P.W. 1 was recorded by P.W. 4 on the basis of which a formal first information report (Ext.4) was drawn up at Nirsa Police Station and after investigation charge sheet was submitted in the case.

(3.) In the trial Court charges under Ss. 397 and 411 of the I.P.C. were framed against the petitioner but he was acquitted of the latter charge.