RAMSWAROOP HARIJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant against the judgment of conviction dtd. 15/5/2014 and the order of sentence dtd. 24/5/2014 passed by the Court of the learned Additional Sessions Judge-I, Banka, in Sessions Trial No. 1293 of 2005/166 of 2014 (arising out of Amarpur P.S. Case No. 114 of 2004), whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 395 of the Indian Penal Code (in short, "IPC "). The appellant has been sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.5,000.00 (Rupees Five Thousand) for the offence punishable under Sec. 395 of the IPC. In default of payment of fine, he has been directed to undergo rigorous imprisonment for six months additionally.

(2.) The substance of the prosecution story, as appearing from the FIR, is as follows: As per the informant, on 22/9/2004, he, his wife, and his 5-year-old grandson, namely Shubham, were asleep on a chowki in the courtyard of his house. At about 12:45 A.M., five miscreants entered into the courtyard flashing torches. When the torchlight flashed upon him, he awoke and saw five miscreants standing near his bed. One of the miscreants asked him about the key of the almirah. He then awoke his wife and asked her to run, saying that dacoits had come. As per the informant, when he stated to the dacoits that he did not have the key of the almirah, all the miscreants/dacoits entangled with him. In that course, he caught hold of two miscreants by their necks and identified them in the light of the lantern as Bablu Mandal and Mithhu Mandal. He also identified the three other miscreants standing nearby the chowki in the light of the lantern as Nawal Mandal, Shridhar Mandal, and Ramswaroop Harijan (appellant).

(3.) The informant recorded his fardbeyan on 22/9/2004 at 2:30 hours at Amarpur Police Station and detailed the above-mentioned incident. Upon that basis, the formal FIR bearing Amarpur P.S. Case No. 114 of 2004 was registered for the offences punishable under Ss. 398 and 307 of the IPC and Sec. 27 of the Arms Act, which set the criminal law in motion.