SADIQUE ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner has challenged the Judgment of 1st Additional Sessions Judge, Garhvva dated 30-4-1998 in Sessions Trial No. 220 of 1997 whereby the two accused including the present petitioner were convicted for the offence under Section 395 of the Indian Penal Code and were sentenced to undergo R.I. for a period of seven years each and also the Judgment dated 28-7-1998 passed by the Sessions Judge, Palamau, Daltonganj in Criminal Appeal No. 18/96 of 1998 whereby the learned appellate Court dismissed the appeal filed by the present petitioner against the conviction and sentence passed by the trial Court.

(2.) The prosecution case in brief is that in the night of 29th November, 1996, some miscreants holding lethal weapons, ransacked the house of Satyanarain Ojha in village-Kanchanpur to secure arms from the house owner, tied them with rope, collected them in a room, broke open the boxes, removed the ornaments, wearing apparels, radios, tape-recorder and torches valued to Rs. 85.000/- and made good their escape with booty. The house owner, who informed the Police, claimed to identify one Buchun Pandey by voice and also other dacoits by face. In course of Investigation, the present petitioner was arrested and in Test Identification Parade, he was identified by Satyanarain Ojha, P.W.-4, the house owner.

(3.) During trial, eight witnesses were examined including the house inmates. On the basis of oral and documentary evidence adduced by the prosecution, the trial Court convicted both the accused persons I.e. Buchun Pandey and the present petitioner for the offence under Section 395 of the Indian Penal Code and sentenced them to undergo RI. as stated in earlier paragraphs.