SANATAN RANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appeals have been preferred by the appellants against the single judgment and order of conviction and sentence passed against them by the learned Sessions Judge, Deoghar convicting them under Sections 396, 397 and 398, IPC but sentencing only under Section 396, IPC with fines and also under Section 412, IPC against the appellant Hernial Ram (in Cr. Appeal No. 175/2000). Hence all these three appeals were heard together and are being disposed of by this single order of this Court.

(2.) THE prosecution case has arisen on the fardbeyan of Santoshilla Handsda PW -13 wife of the deceased Rafail Hembrom recorded on 31.7.95 at 21.30 Hrs. on the pitch road by the side of cinema hall Palazori by the SI Md. Zaidamuddin PW -16. On the basis of the fardbeyan Ext. 5 on which the informant Santoshilla Hansda signed Ext. 1/4, Palazori PS Case No: 60/1995 was registered and formal FIR Ext. 5/1 was drawn.

(3.) AFTER investigation charge -sheet against these appellants was submitted under Sections 396/397/398/412, IPC showing the appellant Sonalal Rana. Babusar Soren and Jivan Rana @ Ashok Rana absconder and five others suspect. The learned Sessions Judge framed charges against these appellants under Sections 396, 397, 398 and 412, IPC to which these appellants pleaded not guilty.