NISAR AHMAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 27.05.2006 passed by Sri Rajesh Kumar Pandey, Addl. Sessions Judge, Fast Track Court-VI, Hazaribag in Sessions Trial No. 53/05 whereby and whereunder the appellant has been convicted for the offence under Sections 395 and 412 of the Indian Penal Code and has been sentenced to undergo R.I. for five years for the offence under Section 395 of the Indian Penal Code and further has been sentenced to undergo R.I. for five years for the offence under Section 412 of the Indian Penal Code. Fine of Rs. 1000/- has been imposed for both the Sections separately with stipulation that in default thereof further punishment of R.I. for six month. Both the sentences were directed to be run concurrently.

(3.) Giddi P. S. Case No. 48 of 2004 has been registered on 31.08.2004 on the fardbeyan of Braj Kishore Mahto under Section 395 of the Indian Penal Code. As per the FIR, on the night of 30.08.2004 while the informant namely Braj Kishore Mahto was sleeping with his family members, two unknown persons claiming to be the members of MCC have entered into the house and looted Rs. 16,000/- cash, some organaments and documents relating to land. Three unknown persons have also assisted them in the crime. It is claimed by the informant that if he and his family member see the accused persons, they will identified them. Accordingly, FIR has been registered against five unknown persons.