NAGO PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 22/8/2003 and order of sentence dtd. 23/8/2003 passed by the learned Additional District and Sessions Judge, Fast Track Court -IV, Deoghar in Sessions Case No. 18 of 1990 by which the appellant Nago Pandey has been convicted u/s 395 IPC and acquitted along with the five accused persons under Sec. 412 IPC. The other accused persons have been acquitted u/s 395 IPC also. The learned trial court has sentenced the appellant to undergo rigorous imprisonment for four years u/s 395 IPC.

(2.) The prosecution arose in the wake of fardbeyan of Naresh Chandra Pandey recorded by S.I. Sudhir Chandra Choudhary on 10/3/89 in village at 10 a.m. while the informant was sleeping he woke upon the sound of "Khat Khat" and asked his son that who is on the door, upon which the accused persons pushed the door due to which the lock was broken and at that time a "lantern" was burning and his wife Jugmaya Devi was also there. The informant has further disclosed that all the accused persons were wearing "Baniyan" and half pants and one of the accused persons put dagger on his neck and thereafter committed dacoity in his house. The name of the articles has been given and thereafter the accused persons locked the door from outside and fled away. It is further stated that the accused persons also committed dacoity in the house of his grandfather Manoranjan Pandey and thereafter accused persons also entered in the house of his nephew and with the help of the light of torch, the informant, his sister-in-law, Indrawati Devi and nephew, Purushottam Pandey have identified the appellant through his voice as well as in the light of the torch who has been married in the neighboring of the informant. The informant has also claimed to identify the accused persons and also stated that he came to the police station at 9 a.m. to lodge the case where he got information that dacoits have been arrested along with looted articles.

(3.) Learned trial court after conducting the trial passed impugned judgment of conviction dtd. 22/8/2003 and order of sentence dtd. 23/8/2003 in Sessions Case No. 18 of 1990 which is under challenge.