TAHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals are cognate as they arise out of the judgment dated order 24.11.1997 and order of conviction dated 28.11.1997, passed by the 4th Addl. Sessions Judge, Madhubani in Sessions Trial No. 182/95. Both the appeals, therefore, have been heard together and are being disposed of by the present order. Challenge in these appeals has been thrown to the judgment dated 24.11.1997 and order of conviction dated 28.11.1997, whereby both the appellants, namely, Md. Kasim @ Bhuttu (Cr. Appeal No. 7/98) and Md. Nabijan @ Sukhara (Cr. Appeal No. 10/98) have been held guilty under the charge(s) punishable under Section 395. IPC.and sentenced to undergo R.I. for seven years.

(2.) BACKGROUND facts, in a nutshell, are as follows: The present appeals germinate out of Madhubani (Rahika P.S. Case No. 79/95), lodged by the informant Md. Zakir Hussain (P.W.4) on 25.4.1995 at 1.15 P.M. alleging therein that he along with his son Helal Akhtar (P.W.1) was returning to their home on 24.4.1995 at 7 P.M from Darbhanga and as soon as they reached near east of Basauli Hat on foot after deboarding from a bus, all of a sudden, eight miscreants surrounded them (some of them were armed with Lathi and sickle).

(3.) As per the prosecution case, they all assaulted the informant with Lathi and sickle causing bleeding injury and forcibly snatched cash of Rs. 1500/ - and a Seiko wrist watch from the possession of the informant (P.W.4). The miscreants also relieved the informant 'sson (Helal Akhtar) of Rs. 2300/ - besides a Kohinoor wrist watch he was wearing. As the occurrence was being committed, they raised alarm, whereupon the villagers arrived, offered chase and caught hold of them (the present appellants). The matter was promptly reported to the police on 25.4.1995 at 1.15 P.M. by the informant and the miscreants so captivated were handed over to the police.