SHAMIM SEIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A.K. Sahani, learned senior counsel for the appellant and learned Spl.P.P. for the State.

(2.) The present appeal is directed against the judgment and order of conviction and sentence dtd. 29/1/2003 and 4/2/2003 respectively passed by learned 1st Additional Sessions Judge, Bokaro in S.T. No.205 of 2001 whereby and whereunder, the appellant has been held guilty for the offences under Ss. 395/412 of Indian Penal Code and sentenced to undergo R.I. of life for the offence under Sec. 412 of IPC and no separate sentence has been imposed upon the present appellant for the offence under Sec. 395 of IPC.

(3.) Factual matrix giving rise to this appeal is that on 20/12/2000 at about 2:30 am, the informant along with his family members were sleeping in their house, meanwhile, the informant's daughter-in-law told him that four miscreants muffling their faces entered into her room through window situated on first floor of the house-cum-hotel and extended threat of life to keep mum and took away tape-recorder, walkman, wrist watch, T.V., cassettes and jewelry like two golden bangles, two gold rings fitted with diamond etc. It is further alleged that the informant, Naresh Prasad Lodha gave telephonic information to the police and the police arrived at 4:30 am and recorded his fardbayan.