PRAMOD KUMAR VERMA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Criminal appeal is directed against the judgment of conviction dated 24.9.2002 and order of sentence dated 25.9.2002 in S.T. No. 304 of 1998 passed by the learned Additional Sessions Judge, Dhanbad whereby the above named appellant has been found guilty and convicted under section 395 of the Indian Penal Code, though he is acquitted under section 412 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for five years.

(2.) THE prosecution case in brief is, as per Fardbayan lodged by one Balram Mahto before Jora Pokhar Police Station, who is the informant in this case, recorded under sections 392 of the of the Indian Penal Code by the Officer -In -Charge of Jorapokhar P.S. Case No. 219 of 1997 dated 02.12.1997 that on 02.12.1997 the informant along with his Bhabhi and niece were going in a scooter towards the house of his Mama and when they reached near Jeetpur ground, the informant saw through head light of the scooter four persons standing there and they stopped the scooter forcibly and demanded money and materials and when the informant denied to give the same, they threatened to kill the informant by showing the knife. It is further alleged in the fardbeyan that some unknown persons have tried to kill them and out of fear the informant had handed over one H.M.T watch, one sweater and Rs. 60/ - to them and thereafter they snatched one golden ear ring and silver chain from the Bhabhi of the informant and thereafter the miscreants fled away snatching the scooter of the informant and thereafter the informant went to the house without any hulla. It is further alleged that the informant claimed that when he saw the miscreants, he was able to identify the miscreants and on the basis of the fardbeyan, FIR was registered being Jora Pokhar P.S Case No. 219 of 1997 and police took up investigation of this case.

(3.) FROM the side of the prosecution P.W 1 Akshayar Singh has given evidence that at the time of incident he was going to market and he saw that 2 to 4 persons were roaming about. He has further said that he had participated in the T.I. Parade in Dhanbad Jail and that he had recognized two of the accused persons namely Munna Rawani and Numan Mian who had surrounded the scooter. This witness has not recognized the accused in the court (Dock of the court). The prosecution has declared P.W 1 as hostile. In his cross examination he has said about the accused in court that he does not recognize them by face.