PRABHU THAKUR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 25.8.2006 and order of sentence dated 30.8.2005 passed by Sri Jai Prakash Narayan Pandey, the then learned Additional District and Sessions Judge, Fast Track Court-I, Giridih in Session Trail No. 355 of 2005 whereby the appellant has been convicted and sentenced to undergo R.I. For seven years under Section 395 of the Indian Penal Code.

(2.) The brief facts of the prosecution case is that a report was lodged before the police in charge, Nawdiha, Distt. Gridih on 11.11.2004, indicating therein that on 10.11.2004 at about 11:30 P.M. about ten miscreants entered into the house of the Informant by breaking the wall of bricks from behind his house and out of these miscreants, about seven miscreants were hidden their faces by cloth and remaining miscreants were outside the house. It is further alleged that at the time, the informant and his wife were going to sleep after taking dinner, the miscreants immediately entered into the house of the informant and they firstly tide the hands and feet of the informant, and thereafter, they snatched the child from the lap of the wife of the informant who was present in the house and asked them to handover the keys of the locker. The informant handed over the keys of the locker to the miscreants in the shadow of fear of death of his child. The miscreants took the gold, silver ornaments, utensils and cloth from the house worth Rs. 1,00,000/- (Rupees one lakh). Thereafter, the miscreants left from the place of occurrence. It is further alleged that one of the miscreants Prabhu Thakur who was standing in front of the informant as well as of his wife, was recognized as Prabhu Thakur, the present appellant before this Court. The matter was reported to the police and the police investigated the matter and submitted charge-sheet.

(3.) The accused-appellant surrendered before the Court on 5.7.2005. The charges were framed against him and the case was committed to the court of Sessions. The accused-appellant denied all the charges and stated that he has been falsely implicated in this case.