CHANESHWAR PASWAN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been filed on behalf of the appellant by challenging the judgment of conviction dtd. 31/5/2005 and sentence dtd. 31/5/2005 passed in S.T. No.240 of 2002, corresponding to G.R. No.1271 of 2001 by Sri Gautam Mahapatra, learned 7th Additional Sessions Judge, Palamau at Daltonganj by which the appellant has been convicted for the offence under Sec. 395 of the I.P.C and sentenced him to undergo R.I for seven (07) years and fine of Rs.5,000.00 and in default of fine he is further sentenced to undergo imprisonment for one year.

(2.) An F.I.R was instituted by Chando Devi that on 5/10/2001 at about 11.00 p.m. while all the family members were sleeping in the house then she woke up hearing the sound of dog barking and saw 7 to 8 persons were standing at the Angan and all of them over powered her and her husband at the point of Pistol and demanded cash and ornaments. Thereafter the miscreants entered into the room and looted away valuable articles including Wrist Watch, Ornaments after breaking the lock of the boxes and also looted away cash of Rs.100.00. The Dacoits were in the age group of 20-30 years and some of them had covered their face and some of them were armed with Pistol. The informant claimed to have identified two persons from the miscreants and one of the miscreants was Arbind Paswan, who was holding a Pistol and the other person was dacoit Jagan Bishwakarma and she claimed to have identified both the Dacoits in the Moonlight.

(3.) On the basis of fardbeyan of the informant-Chando Devi, the police instituted Chhatarpur P.S. Case No.83 of 2001 for the offence under Sec. 395 of the IPC against said Arbind Paswan, Jagan Bishwakarma and five unknown.