ANIL BISHWAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment dated 5.3.2003 of the 1st Additional Sessions Judge, Purnea passed in Sessions Trial No. 597/02/Trial No. 162/02 whereby the appellant has been convicted under Section 395 of the Indian Penal Code and sentenced to undergo R.I. for seven years and a fine of Rs. 1000/- and in default of payment of fine to undergo R.I. for six months.

(2.) The prosecution commenced with the fardbeyan of the informant Ashok Acharya, the owner of the wholesale medicine shop named as Ashok Acharya Distributors situated in Mohalla Line Bazar, Purnea. The fardbeyan of the informant was recorded by S.I., Sindhu Sekhar Singh on 3.7.2001 at 8 P.M. at the shop of the (informant). The informant alleged that on that day (3.7.2001) at about 7 P.M. he had gone to a nearby medical shop for some work and at 8.20 P.M. when he returned to his shop he saw 5-6 criminals were present in the middle room of his shop. Seeing him (informant) one of the criminals caught him and snatched his gold chain from his neck and a gold bracelet from his wrist and when he (informant) enquired as to why they were snatching one of the criminals pointed pistol on him but he (informant) caught hold of the barrel of the pistol whereupon they criminal asked his associate to fire pistol, whereupon his associate criminals, fired from a pistol which shot hit the informant causing injury on his right elbow. Hearing sound, of firing the people of nearby locality started assembling and the criminals began fleeing away from the shop but they were chased by mob of public and one of them was apprehended. And, after apprehension, he disclosed his name as Anil Biswas (appellant). The appellant also disclosed name of his associates who managed to escape away. The informant alleged that he learnt that the criminals had entered into his shop at 7 P.M. and that they had snatched his bag containing Rs. 30000/- from his employee, Sujay Kumar Ghosh (P.w.3) and they had also taken away Rs. 3000/-from drawer of the table in the shop and the informant also stated that one black color pistol had been snatched from the apprehended culprit (appellant) and he (informant) produced the same before the police officer recording, the fardbeyan of the informant.

(3.) As many as eight witnesses were examined by prosecution. P.W.1 Ratan Kumar, P.W. 2 Amit Kumar Sahni, P.W.3 Sanjay Kumar Ghosh and P.W.4 Gauri Shankar Banerjee are the employees of the informant's shop. The P.W.5 Ashok Acharya is the informant himself. P.W.6 Pitambar and P.W.7 Rajendra Kumar are the people of the locality but these two witnesses have turned hostile to prosecution. P.W. 8 Sindhu Sekhar Singh is the I.O. of the case.