KRISHNA GUPTA, SON OF GANOWRI SAO R/O VILLAGE FUFUWADIH, P.S. GOBINDPUR (BARBADA), DISTRICT DHANBAD Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 30.04.2003 and 01.05.2003 respectively passed by Shri Binay Kumar Sahay, Additional Sessions Judge XIII, Dhanbad in S.T. No. 355 of 1991 whereby and where under appellant had been sentenced to undergo R.I. for seven years under Sec. 395 of the Indian Penal Code.

(2.) The prosecution case, in brief, is that on 22.4.1988 at about 8 p.m. the informant Govardhan Mahato was talking to his brother, son and nephew at the back side of his house which was situated in village Baglatand, Udaypur within P.S. Gobindpur, Dist. Dhanbad. In the meantime, the informant heard alarm, he entered into the courtyard of his house and saw that one miscreant was snatching ornaments from the person of his sister-in-law. The informant protested upon which the miscreants assaulted the informant with the butt of the gun on his head and back. Thereafter, the nephew of the informant and others started shouting. There after the miscreants also assaulted his nephew. The miscreants also hurled bomb outside the house. The miscreants looted away ornaments worth Rupees Twenty to Twenty Five thousand. It is also alleged in the FIR that the informant and other inmates of the house claimed to identify the miscreants if shown to them later on.

(3.) The informant reported the matter to the police who after recording the fard-beyan registered a case u/s 395 Penal Code against unknown and after investigation submitted charge sheet against the present appellant only u/s 395 & 397 IPC. The learned C.J.M. Dhanbad took cognizance of the offence accordingly and transferred the case to the learned Magistrate for commitment. The learned Magistrate after complying with the provisions u/s 207 Crimial P.C. committed the case to the court of Sessions.The charge was framed against the accused to which he pleaded not guilty and claimed to be tried.