RAJ KUMAR PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A. K. Chaturvedi, learned counsel for the appellants and Mrs. Nehala Sharmin, learned Special P.P.

(2.) The present appeal is directed against the Judgment of conviction dtd. 8/2/2007 and order of sentence dtd. 13/2/2007, passed by learned 3rd Additional Sessions Judge, Garhwa, in Sessions Trial No.100 of 2005, whereby the appellants have been convicted for the offence under Sec. 395 of the Indian Penal Code (IPC) and have been directed to undergo rigorous imprisonment for eight years with fine of Rs.5,000.00 (Five thousand only) each with default clause.

(3.) The criminal law has been put into motion by lodging an F.I.R being Garhwa P.S. Case No.235 of 2005 against six unknown persons. The F.I.R has been lodged on the fardbeyan of informant namely, Birendra Vishawakarma (P.W.-5). The brief facts of the case is that on the intervening night of 7/ 8/9/2004, the informant (P.W.-5) a retired Army man along with his wife Bindia Devi (P.W.-8), grand-daughters, Mamata Devi (P.W.-1) and Dipti Kumari (P.W.-2) was watching the T.V. in a room situated at village Tildag, P.S.- Garhwa, District of Garhwa whereas his elder son Nand Kishore Vishawakarma (P.W.-4) had gone to the roof of the house to sleep with his wife Fulbasia Devi (P.W.-7). At about 10.30 P.M suddenly, six dacoits entered into the room and aimed their pistol at them with an intention to terrorise them. Dacoits asked him to hand over his gun, which he stated that he had no gun and thereafter, dacoits started threatening him and demanded the belongings of the house and started searching the box and asked for the keys of the boxes. His wife, out of fear, gave a bunch of keys and they started searching the boxes one by one by opening it and took out the gold and silver ornaments kept in the boxes. His pension paper, LIC paper, cash Rs.2500.00 and valuables including 3 silver lockets, gold ear-ring and gold top kept in the box of his wife and mangtika made of gold, gold chain, gold nathuni, three gold chhuchhia, Jitia made of gold, gold top, silver panja, silver kangan one payal and three pairs bichhia kept in the box of grand-daughter Mamata Devi, who came on the eve of Raksha Bandhan, were removed. In course of ransack, one dacoit came to the front room of the house, used as clinic, and opened the almirah and took out cash of Rs.1000.00 from it and in drawer of the table in which one HMT wrist watch with steel chain was removed. Dacoits also looted away one radio made of Ramsons company with green cover, one two cells Salora Torch, one 3 cells EverReady torch and two small hand bags of black colour. In course of dacoity, two dacoits went to the roof and brought back his son Nand Kishore Vishawakarma and daughter-in-law to the ground floor. At the time of departure, dacoits were taking camera of his grand-daughter but at the earnest request of his grand-daughter, they left it. His grand-daughter also requested the dacoits not to take away her ornaments. Then out of them, one dacoit asked to return back the ornaments. They were calling him as Chachaji and his son as Bhaiya, thereafter, dacoits took his son with them from back door of the house and also kept them confined in the T.V. room. After an hour he anyhow opened the door of the room with his hand and came out of the room. Thereafter, about half an hour, his son returned back and stated that he was taken to Gijana School by them. Dacoits looted the belongings of the house for about half an hour. On hulla, villagers came to home then he narrated them about the occurrence. All dacoits aged about 20-25 years were speaking colloquial language. He detailed about the description of the dacotics. Three empty liquor pouches were found laying on the earthen tiles-roof and behind his house. It seemed that they were intoxicated. At the time of departure with his son, dacoits threatened that if he raised hulla, his son would be done to death. He claimed to identify the dacoits as dacoits were seen by him in electric light. In course of dacoity, dacoits stated that they would go to the village Parihara, where his son Nand Kishore Vishawakarma lived with his wife and in the evening on that very day, he came to his house with his wife. Dacoits looted away the belongings worth about Rs.23,500.00.