ASHOK YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (S.J.) No.674 of 2015 wherein Ashok Yadav is the appellant and Cr. Appeal (S.J.) No.780 of 2015 wherein Shambhu Ravidas @ Das is the appellant have been heard analogously as both the appeals arise out from common judgment of conviction and sentence dated 03.08.2015/04.08.2015 passed by the 1st Additional District & Sessions Judge, Jamui in Sessions Trial No.350 of 2013 arising out of Jhajha P. S. Case No.130 of 2012, whereby and whereunder both the appellants have been found guilty for an offence punishable under Section 364/34 of the I.P.C. and each one has been sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.5,000/- and in default thereof, to undergo S.I. for one year, additionally, under Section 392/34, 120B of the I.P.C. and for that, each one has been sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.4,000/- and in default thereof, to undergo S.I. for six months, additionally, respectively, with a further direction to run the sentences concurrently, with a further direction to set off the period having undergone during course of trial in accordance with Section 428 of the Cr.P.C. and are being decided by a common judgment.

(2.) So far intermediary events are concerned, that has been thoroughly detailed under Cr. Appeal (S.J.) No.670 of 2017 having been filed on behalf of appellant Shiv Nandan Yadav @ Shiva, who faced separate trial bearing Sessions Trial No.350A of 2013, on account of his initial absence and in the aforesaid background, the judgments are being pronounced on the same day, though separately.

(3.) Informant, Manoj Kumar Mandal (PW-9) filed written report on 14.09.2012, depicting therein that he happens to be Incharge Headmaster at Primary School at Chaukijor lying under Jhajha Block. Today i.e. 14.09.2012 at about 2.30 P.M. he, after closing the school, was returning to his house over his Splendor Plus Motorcycle bearing Registration No.BR-46A4841 and reached at Chhena Mor behind the Nagi Dam at about 2.50 P.M., three criminals ridden over motorcycle having duly armed appeared, dashed against his motorcycle, whereupon he fell down. They assaulted and then thereafter, one of them opened his helmet to put over his head whom, he identified as Nandan Yadav, son of not known of village-Ketru. He has also identified his associate as Ashok Yadav and Mukesh Yadav. He also disclosed that because of the fact that their houses lie at some distance from his house, on account thereof, he was identifying them since before. Then thereafter, they tied his eyes by a cloth strip and then, put helmet and then, got him seated in between over motorcycle, pointed pistol towards him and said that provide Rs.10,00,000/- (ten lacs), otherwise he will be murdered. They have also snatched away his motorcycle, Micro Max mobile having SIM No.9431059720, 9661352563. When they proceeded along with him and reached at village-Lahernian Tand, all of a sudden, the cloth strip by which his eyes were tied, slipped as a result of which, he has seen so many villagers over the road, whereupon, he began to shout. The villagers after hearing the same, chased as a result of which, the driver Nandan Yadav lost his balance, and all of them fell down. Villagers arrived and caught hold of one of the culprits Ashok Yadav and also seized his motorcycle while Nandan Yadav managed to escape on the point of pistol. They have also succeeded in taking away the attendance register of the school, passbook, cheque book etc., which was kept in dickey of his motorcycle. Then thereafter, police was informed and after his arrival, the apprehended accused along with motorcycle has been produced.