GAYASUDDIN KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal has been directed against the judgment and order of conviction and sentence dated 10-4-2000 and 13-4-2000, passed by Shri Sheo Kumar Prasad, learned 5th Additional Sessions Judge, Hazaribagh, in Sessions Trial No. 27 of 1978, convicting the sole appellant under Sections 395 and 412 of the Indian Penal Code and Sentencing him to undergo rigorous imprisonment for ten years on each count, ordering to run both the sentences concurrently.

(2.) The prosecution case, as per the Fard-beyan of one Teju Mahto (P.W. 4), is that he was Postal Peon. On 6-12-1975 at about 1.30 p.m. he took postal Daks for delivery and reached near Unta More, P.S. Chatra, District-Hazarihagh. Four unknown persons/miscreants intercepted him. Two of them estopped his cycle and the other two assaulted him with the butt end of the pistol. The informant fell down. The miscreants took away his postal bags. After an hour the informant returned back to Chatra Post Office and informed the Post Master about the alleged occurrence. He was advised to inform the police. The informant accordingly, informed the matter to the police and claimed to identify the miscreants. His Fard-beyan was recorded by the S.I., Chatra Police Station, on which he gave his L.T.I. (Ext. 6). The Investigating Officer registered the case against unknown persons under Section 394 of the Indian Penal Code but after investigation, charge-sheet was submitted under Sections 95 and 412 of the Indian Penal Code against Ainul Hasan, this appellant Gayasuddin Khan and Mazhar Khan, showing Wasi Khan and Sattar Mian not sent up for trial. In course of trial, the other two charge-sheeted accused persons, namely, Ainul Hasan and Mazhar Khan absconded and hence the trial of the sole appellant was split up.

(3.) The prosecution has examined altogether nine witnesses and has also produced the recovered postal bags, which were marked Exhibits. The learned Court below, considering the evidence, oral and documentary, convicted the appellant Gayasuddin Khan under Sections 395 and 412 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years on each count, with a further direction to run both the sentences concurrently.