JAMUNA YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.P.P. for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the judgment and order of conviction and sentence dated 18.02.2002 passed by the Fast Track Court II, Gaya in Sessions Trial No.260 of 2001/311 of 1995, arising out of Wazirganj P.S. Case No.109/95, whereby the learned trial Court convicted the accused Jamuna Yadav for the offence punishable under Section 395 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years for the said offence.

(3.) The factual matrix of the case is that Wazirganj P.S. Case No.109/95 was instituted under Section 395 of the Indian Penal Code against 10-15 unknown miscreants on the basis of fardbeyan of Ravindra Kumar Sinha, son of Late Raja Prasad Sinha, resident of village Rajapur Etwan, P.S. Wazirganj, District Gaya recorded by S.I. Ashok Kumar Sinha, of Wazirganj Police Station on 11.09.1995 at 1 AM with the allegation in succinct that in the night of 10.09.1995 at about 8:30 PM when the informant along with his family members was sitting in his courtyard, abruptly 10-15 unknown miscreants intruded there on quizzing about their identity one of them claimed themselves to be party man and assured him to leave the place after fetching water. One of them also claimed that they have kept fire arms in his house and they would make search of the house and asked them to congregate at the place. When the family members of the informant congregated at the place, they made them hostage in a room and two miscreants stood in guard while other miscreants intruded into the rooms of his house and committed dacoity and then they decamped with booty. They identified the miscreants in the light of bulb lighting in his house.