LALA CHAUHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Navneet Sahay, learned counsel for the appellants and Mr. Moti Gope, learned A.P.P for the State.

(2.) The present Cr. Appeal is directed against the judgment of conviction dated 13.01.2010 and order of sentence dated 16.01.2010 passed by the Additional Sessions Judge, F.T.C No.1, Palamau in S.T. No. 55 of 2008 whereby the learned trial court convicted the appellants under section 395 of IPC and each of the appellants were sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5000/- and in default to undergo simple imprisonment for three months.

(3.) The prosecution case, in brief, as per the fardbayan dated 19.05.2007 of the informant P.W.2 Raj kumar Sao is that on 18.05.2007 his family members took dinner and were in house. In the meantime, about 8 to 10 miscreants armed with weapons, came there and said that they were the members of the R.C.C. party and ordered to open the door otherwise they will break open the door. Due to fear informant opened the door and as soon as the door was opened, all the accused persons entered inside the house and they were searching for his son Shrawan with an intention to kill him and assaulted his son. Some accused persons took ornaments and money from a box. On alarm when his brother Suresh Sao and his neighbour Aditya Sao opened their doors then the miscreants entered into their house and took ornaments and cash and also took away the mobile phone of his son. The accused persons namely Manoj Chauhan, Lala Chauhan and Kariman Chauhan @ Surendra Chauhan were identified in the light of the lantern and torch by the informant and his brother Suresh Sao and Aditya Sao and the informant claimed to identify 7 other miscreants on seeing them.