SANJU PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Revision petition has been filed for setting aside the judgment and order dtd. 29/6/2018 passed by the learned Additional Sessions Judge, IV, Gaya in Criminal Appeal No.11 of 2016/01 of 2016 by which learned Appellate Court has dismissed the appeal and affirmed the judgment and order dtd. 29/1/2016 passed by the learned Chief Judicial Magistrate, Gaya convicting both the petitioners under Sec. 394 / 34 of the Indian Penal Code( G.R. 5491 of 2014, Tr. No.372 of 2016 arising out of Moffasil P.S. Case No.507 of 2014 and sentenced both the petitioners to undergo rigorous imprisonment for seven years each and a fine of Rs.5,000.00 (five thousand) each and in default of payment, they were further directed to undergo simple imprisonment for fifty days.

(2.) Prosecution story is that the informant Arvind Kumar Verma is driver of Tata Hywa and on 13/11/2014 while he was returning after unloading the road materials along with his cleaner at about 9:30 P.M. and when they reached near Harli Railway crossing, a white coloured Bolero came from front side in which four miscreants were sitting variously armed and snatched away Vodafone Mobile, driving license and Hywa truck and made them hostage in their Bolero vehicle and after driving some distance threw them out from the Bolero vehicle and fled away with Tata Hywa. Thereafter, the informant and his cleaner somehow untied themselves and informed to the owner about the incident and they went to the Moffasil Police Station along with owner and lodged the FIR. They claimed to identified the miscreants upon which Moffasil P.S. Case No. 507 of 2014 was registered against unknown persons.

(3.) The case was investigated by the Investigating Officer and case finding to be true against the petitioners, charge-sheets was submitted under Sec. 394 / 34 and 411 / 34 of I.P.C. and charges were framed under Sec. 394 , 411 read with 34 of the Indian Penal Code on 29/7/2015 and the petitioners pleaded not guilty and claimed to be tried.