RANJEET KUMAR SINGH @ RAMNA SINGH SON OF RAM SNEHI SINGH; UMAKANT SINGH SON OF DEVENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) Both the appellants stand convicted under Sections 392 and 411 of the Indian Penal Code and also under Sections 25(1)(1-A), 25 (1)(1-B) & Section 26(I)/35 of the Arms Act, sentenced to undergo R.I. for five years under Section 392 of the IPC and no separate sentence under Section 411 of the IPC and under Sections 25(1)(1-A), 25 (1)(1-B) & Sections 26(I)/35 of the Arms Act sentenced to undergo R.I. for five years. Both the sentences were directed to run concurrently.

(3.) The prosecution case as stands from the written report of Yadunandan Kumar Singh (P.W.3) in short is that on 22.6.2002 at about 07:00 P.M. he was coming from his house on motorcycle Suzuki bearing No.BR 11B-7595 for some work to Gerabari, after ten minutes when he reached at distance of 100 yard north from Prem Hotel on N.H.31, he saw three boys, who stopped him by showing 3 nut country-made fire arm and stones and thereafter one of the boys caught hold collar of the informant and started pulling him from motorcycle and two others started abusing him and they were pressing 3 nut Katta on his head. His written report further discloses that they pulled the informant from the motorcycle and took him to the ditch towards east and they tried to start the motorcycle. In the meantime the informant finding opportunity fled away from the place of occurrence and raised hulla. Further case is that in the meantime one jeep arrived there and in the light of Jeep the informant saw that criminals started fleeing away and he heard noise and in the meantime, the police party caught one of the criminals with motorcycle red-handed, which the informant identified as the person who had snatched his motorcycle and the Officer Incharge of the Police Station also arrived after getting informantion and the police party on chase caught criminals among whom one was caught and another became succeeded in fleeing away and the person caught with motorcycle disclosed his name as Ranjeet Kumar Singh @ Ramna Singh and other accused was caught on chase, disclosed his name as Umakant Singh. Further case of the prosecution is that from Ranjeet Kumar Singh on search two live cartridges of 3 nut were was recovered and the seizure list was prepared and from Umakant Singh a country-made loaded pistol was recovered and the motorcycle bearing No.BR11B 7595 has also been recovered and the seizure list was prepared.