IMANUAL TOPPO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This criminal appeal is directed against the judgment of conviction dtd. 24/5/2004 and order of sentence dtd. 25/5/2004, passed by the learned Addl. Sessions Judge, Fast Track Court-III, Gumla in Sessions Trial No. 196 of 2003, whereby the appellant has been convicted under Sec. 395 I.P.C. and sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.100.00 and in default of payment of fine he was directed to further undergo S.I. for six months.

(3.) The prosecution case, as per Fardbayan dtd. 9/2/2003, in brief is that on 8/2/2003, at about 7.30 p.m., while he was going to his Bari to urinate, then he was caught hold of by criminals who claimed themselves to be of M.C.C. party and demanded guns and Rs.5.00 lacs and when the informant told them that he was unable to pay the same, they searched his house pointing revolver at the wife and son of the informant and looted Rs.500.00 cash, Tital wrist watch and Philips Radio. After dacoity, when the criminals were trying to flee, one of them, i.e. this appellant was apprehended by the villagers.