MUNSHI MAHTO Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dated 24-7-2000 passed by Shri Shyam Kishore Sharma, 3rd Additional Sessions Judge, Hazaribagh in Sessions Trial No. 307 of 1998 whereby and whereunder, the learned 3rd Additional Sessions Judge convicted the appellant for the offences under Section 395 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years.

(2.) The prosecution case in brief is that one Damodar Yadav registered a case alleging therein that in the evening when he was returning on a bicycle to his village Bargaddakhurd from Hazaribagh in the way near Paratand. More on Hazaribagh Katkamsandi Road, six miscreants surrounded him and one of the miscreants on the point of pistol snatched Rs. 242.00 and also snatched H.M.T. Kanchan wrist Watch. It is further alleged that on the same place, the miscreants also snatched away money from the other villagers who were passing through that way. The villagers Vijay Singh and Bhola Sao were also looted away by the miscreants and on their hulla several villagers came there, they chased the miscreants and succeeded in apprehending the appellant. The appellant confessed his guilt before the informant and other villagers and also disclosed the name of his other associates. Accordingly, a first information report was lodged and the police investigated into the case and after investigation submitted charge sheet against the accused/appellant. The accused/appellant appeared before the 3rd Additional Sessions Judge where charge was framed to which he along with others pleaded not guilty. Witnesses were examined before the trial Court and after hearing both sides, the learned trial Judge convicted and sentenced the appellant in the manner as stated above, hence this appeal.

(3.) Altogether nine witnesses have been examined on behalf of the prosecution to prove its case, of whom P.Ws. 1, 2, 8 and 9 are formal witnesses. P.W. 3 stated that when he along with Bhola Sahani was returning to his village, six miscreants surrounded them and started looting money from them. According to him, one miscreant was apprehended on chase. His name was Munshi Mahto. It may be noted here that Munshi Mahto (the appellant) is a resident of Village Paratand, Police Station Katkamsandi in the district of Hazaribagh. He futher stated that he has not seen the face of the miscreants because of darkness. P.W. 4 is also one of the victims and he, accordingly, also stated that the appellant Munshi Mahto was apprehended on chase at the relevant time. P.W. 5 (Damodar Yadav) is the informant of the case. According to him, while he was coming from Hazaribagh, the miscreants surrounded him and snatched his H.M.T. Kanchan Wrist Watch and also a sum of Rs. 240.00 . He further stated that Munshi Mahto was apprehended at the spot by the villagers on chase. He proved the Fard Beyan as Ext. 3. He also claimed to have identified his wrist watch in the test identification parade and he also put his signature on the test identification parade as Ext.1/2.