JITENDRA DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned APP for the State.

(2.) This criminal appeal has been preferred against the judgment and order of conviction dated 05.12012 and order of sentence dated 112012 passed by the learned Adhoc Additional Sessions Judge- IV, Banka in Sessions Trial No. 1059 of 2010, arising out of Katoria P.S. Case No. 34 of 2010, whereby the learned trial court convicted Jitendra Das for the offence punishable under Section 394 and 412 of the Indian Penal Code and sentenced him to undergo R.I. for five years and also slapped him with a fine of Rs. 2,000/- and in default of payment of fine to undergo R.I. for 2 months under Section 394 of the Indian Penal Code and further sentenced him to undergo R.I. for three years and slapped him with a fine of Rs. 1000/- and in default of payment of fine to undergo R.I. for 1 month under sections 412 of the Indian Penal Code. Barring fine both the sentences were directed to run concurrently.

(3.) The factual matrix of the case is that Katoria P.S. Case no. 34 of 2010 was instituted under Section 394 of the Indian Penal Code against the four unknown miscreants on the basis of fardbeyan of Arvind Yadav, son of Baldeo Yadav recorded by A.S.I. Rajnarayan Singh of P.S. Katoria on 16.02.2010 at 7:00 A.M. at the Referral Hospital, Katoria with the allegation in succinct that on 16.10.2010 at about 1:00 A.M. in the night he was sleeping in his house. He woke up responding the knocking the main door of his house. When he along with his family members stepped out of his house he witnessed four accused persons armed with axe and lathi standing. In the meantime, the person armed with axe assaulted him by means of axe on his head and right rib inflicting bleeding injury to him while other three accused persons entered into the house and looted away ornaments, attire and three mobile. All the accused persons had covered their face by means of 'Gamcha'. He claims to identify the looted articles and miscreants witnessing them.