ANIL BARHAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment of conviction dated 04.09.2002 and sentence passed on 06.09.2002 by the learned 8th Additional Sessions Judge, Hazaribagh, in connection with S.T. No. 96 of 2001, corresponding to Chauparan P.S. Case No. 194 of 2000, G.R. No. 2410 of 2000, whereby and whereunder the learned Additional Sessions Judge has been pleased to hold the appellants guilty for the offence punishable under section 412 I.P.C. and sentenced them to undergo R.I. for 5 years. As per the prosecution case on 24.10.2000 at about 11.00 P.M. a dacoity was committed in a City Link Bus near Chandwara Out Post. The dacoits were coming in the bus along with the passengers and they have overpowered the driver and looted the passengers and after committing dacoity in the said bus, the miscreants ran-away towards the east along with the looted articles. Conductor Mahendra Kumar went to Koderma Station on a truck whereas the driver, Khalashi and the passengers of the said bus came on the main road and narrated the incident to the persons occupying other vehicles came to the spot. The villagers also assembled after which the driver along with villagers went to the direction where the miscreants had fled away. The miscreants were found sitting near a mango orchard but seeing the people coming tried to flee away. In the meantime police patrolling party also reached to the place and 5 miscreants were apprehended after chase. On search they were found in possession of looted articles like ornaments, wrist watch, clothes, radio cash etc. The fardbeyan of the driver Chhotan Soni (P.W.1) was recorded, seizure list was also prepared and instant case as Chauparan (Barhi) P.S. Case No. 194 of 2000 for the offence punishable under sections 395 and 412 of the Indian Penal Code was registered.

(2.) Confessional statement of the apprehended accused persons was recorded at the spot and they were forwarded to jail custody on 27.10.2000.

(3.) After due investigation charge sheet was submitted and the case was accordingly, committed to the Court of Sessions and registered as S.T. Ho. 96 of 2001. The charges under sections 395 and 412 of the Indian Penal Code were framed and the appellants were put on trial.