AMRIK SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant criminal revision application is directed against the judgment dtd. 19/11/2005, passed by learned 2nd Additional Sessions Judge, Jamshedpur, whereby the Cr. Appeal No.120 of 2000, preferred by the petitioner has been dismissed and the judgment of conviction and order of sentence both dtd. 31/7/2000, in G.R. No. 842 of 1999, corresponding to T.R. No. 190 of 2000, passed by the learned Judicial Magistrate 1st Class, Jamshedpur, whereby the petitioner was convicted and sentenced to undergo rigorous imprisonment for three years under Sec. 392 of the Indian Penal Code, has been affirmed.

(3.) The prosecution case in brief is based upon the fardbeyan of the informant alleging therein that on 12/5/1999 at about 2.15 P.M., the informant, after withdrawing money from the counter at National Savings Bureau situated in TISCO company building, was standing near the scooter along with her husband when two accused persons accosted them and on pistol point looted away Rs.8,365.00. It is also alleged that two other accused persons were also standing thereon another scooter. The informant had claimed to identify the accused persons. After investigation, police has submitted chargesheet against the petitioner under Sec. 392/120-B IPC and cognizance has been taken against the petitioner; for which the petitioner pleaded not guilty and claimed to be tried. After trial, the petitioner was found guilty for the offence and he was convicted and his appeal was also rejected by the learned appellate court.