RATAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these Criminal Appeals originate out of common judgment of conviction dated 16.05.2018 and order of sentence dated 21.05.2018 passed by FTC-1, Madhepura in Sessions Trial No. 26 of 2010/1927 of 2013 arising out of Udakishunganj PS Case No. 110/2007 whereby and whereunder appellant, Ratan Yadav [Cr. Appeal (SJ) No. 2234/2018] and Vimal Yadav [Cr. Appeal (SJ) No. 2727/2018] have been found guilty for an offence punishable under Section 412 IPC and each one has been sentenced to undergo RI for seven years.

(2.) Informant, Kumari Sheela Rani (PW 3) gave her Fardbeyan on 15.10.2007 disclosing therein that she happens to be a dealer of K-oil and so was going to deposit Rs. 2,56,000/- in the bank. As soon as she proceeded over rickshaw, one miscreant came and gave a punch over her nose and attempted to snatch away the bag which she resisted and during course of grappling, she fell down from the rickshaw. At that very moment, another miscreant came over Rajdoot Motorcycle having no registration number, snatched away the bag and then both of them slipped over motorcycle. They were joined by others over different motorcycle. People assembled, chased but on account of firing at the end of miscreants, they could not succeeded.

(3.) After registration of Udakishunganj PS Case No. 110/2007, investigation commenced and as is evident from the possession of these two appellants Rs. 9200/- has been seized on 18.10.2007 whereupon, apart from Section 395 IPC, under Section 412 IPC also, charge-sheet has been submitted, facilitating the trial which concluded by recording acquittal with regard to the charge under Section 395 IPC but under Section 412 IPC, the appellants have been found guilty and accordingly, sentenced.