ANWAR ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These Criminal Appeals are directed against the impugned judgment and order of conviction dated 17.5.1999 and 18.5.1999 respectively, passed by 2nd Additional Sessions Judge, Dhanbad in Sessions Trial No. 581 of 1995. The appellants were found guilty under Section 395, IPC, and was subsequently sentenced to undergo RI for seven (7) years each under Section 395, IPC. All three appeals are being disposed of by this common judgment.

(2.) Prosecution case in short is that in the night of 25- 26.4.1995 at about 1.15 a.m. while officials of CBI personnel along with Lakhi Prasad, DSP, CBI were coming from Bokaro by an Ambassador Car and Mahendra Jeep, they were intercepted on the way by 20-25 criminals near Mohuda railway crossing on Dhanbad- Bokaro Road and belongings of the inmates of Ambassador Car and Mahendra Jeep were looted. The articles included Briefcase, revolver, wrist watch, cash and cloth etc. Lakhi Prasad who was the DSP, CBI lodged the case and on the basis of his FIR, a case was instituted under Section 395, IPC. In the course of investigation, some of the miscreants were apprehended and on the basis of their confessional statements, recovery of some of the articles were made. After completion of the investigation, IO submitted the charge-sheet against the accused persons under Section 395, IPC. Cognizance in the case was taken by CJM under Section 395, IPC and case was ultimately committed to the Court of Sessions and the case ultimately came to the Court of 2nd Additional Sessions Judge, Dhanbad for favour of trial and disposal. Charges against accused persons were framed.

(3.) From the trend of the statements of the accused under Section 313, Cr PC and from trend of the examination of the witnesses, it appears that defence has taken plea that the accused persons have been falsely implicated in the case.