RAJ KUMAR PRASAD @ RAJU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the State.

(2.) The appellant has been convicted under Section 395 of the Penal Code and sentenced to undergo rigorous imprisonment for six year and a fine of Rs.8,000/ - and in default of payment of fine to undergo simple imprisonment for one year and, further, convicted under Section 412 of the Penal Code and sentenced to undergo rigorous imprisonment for five hears and a fine of Rs.5,000/ - and in case of default of fine to undergo simple imprisonment for ten months. However, it has been ordered that all the sentences shall run concurrently.

(3.) The prosecution case, as alleged in the fardbeyan, by the informant, Laddu Sao, P.W. 1 that on 17.07.2011 at 07.00 P.M. he was going on Bolero jeep, bearing registration no. BR -52 -5650, to bring the family members of his owner to Sheikhpura. When, in the way at Barbigha Hatia Mor, a lady carrying a bag, given a sign to stop and when he stopped the jeep, then, she requested that they have to go to Chewada, then, driver disclosed that it is a private jeep and will not carry them. Thereafter, a person of short height disclosed that at this hour they will not get any vehicle and they have a lady with them so requested the driver because they have to reach their destination. On seeing lady, the driver, on the request, get them seated in the jeep and they reached Chewada. Three persons standing there said in the jeep and disclosed that they are relatives and they have seen the house where they have to go so let them also be seated and they said that they will get down after passing Chewada Bazar, then, they forced the informant to take the jeep to village Chityaunee and out of fear he took them to Chityaunee and after going to half kilometer ahead of Chityaunee, at a lonely place, they asked to stop the vehicle to meet the call of nature. When he stopped, one person pointed pistol took his key from steering and tied his legs and hands in towel, snatched his rupees three hundred and mobile and thrown him in the paddy field and went away along with the jeep. Thereafter, he managed to untie the towel from which he was tied and made hulla on which several villagers collected and he telephoned the owner and the Chowkidar also intimated Chandradeep Police Station and, thereafter, on information, Sub Inspector of Police of Chandradeep Police Station came and, thereafter, the said vehicle was apprehended and one person was arrested from the vehicle and from his possession the key of the vehicle and mobile was recovered. The person disclosed his name as Raj Kumar Prasad and disclosed the names of his associates as Bipin Choudhary, Murari Pandey, Anita Pandey and Harbhajan Manjhi.