MANAUR AZAD, SON OF MD. HALIM, RESIDENT OF VILLAGE N. T.S. BARKAKANA, POLICE STATION PATRATU, DISTRICT HAZARIBAGH (JKHARKHAND) Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction dated 29.01.2003 and order of sentence dated 30.01.2003 passed by learned Additional Sessions Judge, F.T.C, No. 7, Hazaribagh in connection with Sessions Trial Case No. 372 of 1989 corresponding to G.R. No. 501 of 1989 arising out of Patratu P.S. No. 73 of 1989, whereby the appellant was convicted for the offences under Sections 395 and 397 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of 7 years for both the offences, both sentences running concurrently.

(2.) Case of the prosecution as derived from the information given by the Santosh Kumar Rajput P.W. 7, before Sri R.S. Singh Officer-in-charge Barkakana O.P. on 10.03.1989 at 7.30 hours in his residence stating therein that he is posted as Engineer in Central Workshop of Barkakana C.C.L. At around 7.30 in the evening on 10.03.1989 he was watching T.V. in drawing room along with his family members. His wife and daughter remained in drawing room when he went to another room inside for study. The main gate was closed but not locked. At around 7 0' clock suddenly his wife shouted on which the informant entered into the drawing room and saw three persons assaulting his wife and one of the accused has snatched the Mangal Sutra made up of gold. Two out of the three persons were having country made pistol. Seeing the situation the informant tried to catch hold of them and he also shouted on which the three persons came out from the room and he followed them continuing to shout. The informant came out from the house and he saw two more persons standing outside the house and when the informant raised alarm all the miscreants started to flee away towards the east south direction. On hearing the alarm made by the informant, the neighbours namely, Noor Mohammad, Surya Prasad Karn, Manoj Kumar Singh and others came there and they also started chasing them. They caught hold of two of the miscreants, one of who disclosed his name as Bajrangi Mishra and Mangal Sutra was recovered from the left pocket of his pant and two cartridges from the right pocket.

(3.) The second miscreant disclosed his name as Manaur Azad whose father is an employee of Central Workshop of Barkakana C.C.L. and one pistol and two cartridges were also recovered from his possession. The two miscreants have confessed their guilt and in presence of Senior Security Officer C.C.L. Barkakana, Ramanand Kumar, Deputy Chief Material Manager Sri P. Singh, Sri A.P. Singh, Senior Executive Engineer, Sri Baban Singh Security Guard, Sri Manoj Kumar Singh, Store Keeper, Sri Surya Prasad Karn, Store Keeper, Sri S.N. Shukla, Executive Engineer, Noor Mohammad Driver, the two miscreants confessed their guilt and disclosed the name of other three accused-persons as Krishna Singh, Albert Chand Kalu and Nausad Mian who fled away. The accused/ dacoits have assaulted the wife of the informant due to which one tooth was broken and she also received injury on her head.