RAKESH MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These criminal appeals are directed against the Judgment of conviction and order of sentence dtd. 27/9/2023 passed by the learned 2nd Additional Sessions Judge, Dumka in Sessions Case No. 296 of 2001, whereby and whereunder, all the above three appellants having been found guilty of charge under Ss. 395 of Indian Penal Code and have been convicted and sentenced to undergo rigorous imprisonment for ten years. Further, appellants, namely, Kartik Roy and Uday Roy have also been convicted under Sec. 412 IPC and sentenced to undergo R.I. for ten years.

(2.) The prosecution case is based on the fardbeyan of Uma Shankar Yadav (P.W.2), in which, it has been alleged that on 29/5/2001, after taking food, he along with his wife and others were sleeping. When he woke up at 1:30 a.m., he saw that some dacoits, armed with Talwar (sharp cutting weapon), lathi and other weapons, entered into his house, they assaulted him with knife on his leg. The dacoits looted away silver and golden ornaments and household utensils as well as other articles. It has also been alleged that the informant identified one of the dacoits as Kartik Roy (one of the appellants). On hearing commotion, the villagers came and chased the dacoits, but the dacoits taking advantage of darkness fled away.

(3.) In order to prove the charges against the accused, the prosecution had examined altogether eleven witnesses, who are as follows:-