ROSHAN LAKRA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 26.08.2002 and 27.8.2002 respectively passed by Shri J.K.N. Tiwary, Additional Judicial Commissioner, Ranchi in S.T. No. 268 of 2000 whereby and whereunder appellant had been sentenced to undergo R.I. for seven years under Sec. 395 of the Indian Penal Code.

(2.) The prosecution story in brief is that one Aswini Kumar Singh S/o Bhairo Singh, Village Majirwa P.S. Chorasahan, Dist. East Champaran at present residing at Tipudana Ancilliary area of P.S. Hatia, Dist. Ranchi stated to the police in his fard -beyan Dt. 17.11.99 that at about 6:30 p.m. on the same day, he along with his mother was in the house. His mother was cooking food and he was shifting rice grains. Meanwhile, about 8 to 10 boys suddenly pushed his outer gate and entered inside the house. They all were holding pistol and chura etc. Some of them had covered their faces. After their entry inside the house, they pointed chura and pistol at the informant and his mother and demanded money. After a short while, they started assaulting them on their heads with butts of their pistol. This caused injury and bleeding started from their heads. The miscreants assaulted him and his mother. They were 5 or 6 in number. Further case is that in course of assaulting the informant and his mother a muffler covering the face of one miscreant was untied and fell on the ground. Thus, the face of miscreant became open. So the informant identified him in the light of electric bulb. He was Roshan Lakra, resident of Ghasi Mohalla, Chandni Chowk, Hatia. The informant further stated that this miscreant was serving as driver of his Maruti Van about 6 months ago thereafter, 5 or 6 miscreants started collecting house hold goods, opening the Godrej almira by its key and searching jewellery and golden watch. They also damaged T.V. boxes and other materials and looted cash money, cloths, jewellery, utensils etc. The informant has given details of looted articles in the fardbyan. Thereafter, he has also given the physical features of the 5 or 6 miscreants taking part in looting the articles. He has also stated that about 3 or 4 miscreants were staying at the outer gate of the house in course of commission of dacoity. He has also given description of the dresses of the miscreants and their other features such as language spoken etc. and he has claimed that he and his mother would identify them if they would have a chance to see them because they have seen the miscreants in the electric light. Lastly, he stated that at about 7:30 p.m. his father came to the house, opened the door and then he was told about the entire occurrence by them. Thereafter, the informant gave fard -beyan to police at his residence and on this report police came in action and started investigation. On completion thereof, charge sheet against the accused person was submitted and accordingly cognizance of the case was taken.

(3.) In order to prove the charges levelled against the accused person the prosecution has examined two witnesses i.e. P.W. -1 Bhairo Singh and P.W. -2 Ashwini Kumar Singh. PW -2 is the significant eye witness. PW -2 in his deposition has sort of summarized his fard -beyan in his opening paragraphs. He has again recognized Roshan Lakra and said he is in Court. In para 5 he has said that he had gone to Ranchi jail and there he had recognized Deo Kumar Mahato. He was involved in the crime. He has recognized him in Court. In Para 6 he says that some of the looted items were returned via police. In para 10 of the deposition, and this has also come in the lower Court judgment that Deo Kumar Mahto was serving in the Premier Ancillary Factory, Tipudana and this witness was running a poultry farm in the premises of this company. This Premier Ancilliary factory is 20 to 22 feet away from the house of the witness