BHIM MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and the order of sentence dtd. 29/7/2011 passed by the learned 1st Additional Sessions Judge, Giridih in Sessions Trial No. 180 of 2002 arising out of Bengabad P.S. Case No.31 of 2001, G.R. No.517 of 2001, whereby the learned trial Court has convicted the appellant under Sec. 395 of the Indian Penal Code and sentenced to undergo RI for seven years with a fine of Rs.2000.00. In default of payment of fine, the appellant was further directed to undergo RI for one month.

(2.) The brief facts leading to this Criminal Appeal as per the prosecution case is that on 24/3/2001 at about 02:00 am two persons intruded in the veranda, where the informant Kedar Singh was sleeping and they asked him to open the door. The wife of Kedar Singh, namely, Dropadi Devi was sleeping in the room and after hearing the noise, she came and opened the door. Thereafter, 3-4 persons intruded in the house. One miscreant showed the weapon and told the informant to sit in veranda and two persons started assaulting the wife of the informant and also abused her. When the wife of the informant wanted to raise alarm, the miscreants threatened her. It is further alleged that the accused persons began to commit loot of the household articles. They also assaulted the son of the informant and asked him about the money and other household articles. The miscreants took away the golden earrings, golden chain, bangles, payal and 5/6 silver chains and one Onida T.V. The miscreants left the Onida T.V. behind the house. They also took away 3 in 1 Audio of Philips Company and Radio of Philips Company and two suit case (safari), one Yasica Camera and Rs.9500.00 in cash. They also took away the government papers, saree, pant and shirt. The wife of the informant identified one of the miscreant, who was Bhim Mian of Mahtodih, Chotki Kharagdiha, Bengabad, who was recently residing at his sasural Baramo and also identified another person, who were resident of Mahtodih, but their names were not known to her. It is also alleged that in the year 2000, Jainul Ansari has charged his wife for carrying the profession of conducting illegal abortion in the village, which was totally wrong because his wife had gone to New Delhi for her treatment along with her son. Jainul Ansari and Arjun Saw were always giving threatening and they were making plan for committing dacoity in his house. Accordingly, this case was registered as Bengabad P.S. Case No.31 of 2001 under Sec. 395 of the Indian Penal Code against Bhim Mian, the appellant herein and five unknown persons.

(3.) The Investigating Officer after concluded the investigation, filed charge sheet against the accused Bhim Mian for the offence under Sec. 395 of the Indian Penal Code. The Judicial Magistrate took cognizance of the same and committed the case for trial to the Court of Sessions Judge, Giridih.