YOGESHWAR HEMBRAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the appellants stands convicted under Section 395 of the Indian Penal Code and sentenced to serve rigorous imprisonment for five years vide judgment and order dated 10-4-2002 passed in Sessions Trial No. 44 of 1992 by Additional Sessions Judge, IXth, Dhanbad.

(2.) Brief facts leading to their conviction are that in the night of 25-11-1990 when the informant Sudhir Mandal was sleeping in Mari shop situated at Pindrahat Mari. along with P.W. 1 Kalo Bauri and P.W. 11 Sapan Mandal, some dacoits entered inside the shop and started demanding money. He could identify one Sufal Manjhi and the appellant Yogeshwar Hembram, resident of village- Kanadih amongst the dacoits. According to them, these two persons used to come to his shop for Mari. He further asserted that he was physically assaulted while Sufal Manjhi was threatening him with pistol and carry away one old Hercules cycle, hundred rupees in cash and some old clothes including his red cornered Dhoti. It was further alleged that the dacoits took away two pitchers of Mari and one white Murga also. As per the informant, in spite of his raising alarms, none came to his rescue. He went to report the matter to the shop owner in village Shyamapur in the morning, who told him to remain at the shop. However, at about 10.00 a.m. he came to know that in village Kanadih, a dacoit was arrested while dacoity was being committed. The informant reached the village Kanadih to find that one Shiv Lal Tudu has caught hold of a dacoit, who was identified as Shivlal Murmu. This Shivlal Murmu confessed in presence of the villagers that he along with the appellants had committed dacoity in the shop of the informant also and thereafter trying dacoity in the house of Shiv Lal Tudu, when he was arrested. The informant has also recognized the said Shivlal Murmu as one of the dacoits. The police was informed and arrested Shivlal Murmu handed over, after recording the statement of the informant. Said Shiv Lal Tudu also signed over the Fardbeyan as witness. It is also stated that on disclosure made by Shivlal Murmu houses of Sufal Manjhi and Yogeshwar Hembram were searched from where looted bicycles, old clothes etc. were recovered.

(3.) The police registered Nirsa P.S. Case No. 384 of 1990 and submitted charge-sheet against five persons under Sections 335/412 of the Indian Penal Code. The appellants were committed for trial by the Court of Session where all the five persons were charged under Section 395 of the Indian Penal Code and appellant Yogeshwar Hembram and Sufal Manjhi was further charged under Section 412 of the Indian Penal Code. The trial Court examining the witnesses and after appraisal of the evidence, finally came to hold both the appellants and Sufal Manjhi guilty under Section 395 of the Indian Penal Code. However, no separate sentence was "passed under Section 412 of the Indian Penal Code.