RAJAN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal appeal is directed against the judgment of conviction and order of sentence dated 3.10.2002 passed by the learned 5th Addl. Sessions Judge Bermo at Tenughat in S.T No.31 of 2002 whereby the above named appellant has been found guilty and convicted under section 395 of the of the Indian Penal Code and accordingly,sentenced him to undergo rigorous imprisonment for five years for the aforesaid section.

(2.) The prosecution case, as made out from the written report of Garjan Singh (P.W.5) son of Chintu Singh District Bokaro is that on 27.7.2001 at about 9 P.M, he was sitting in his house and 15-20 miscreants came to his varanda and Bhadru Mian assaulted the informant on his head with the butt of the pistol and told him to show the articles of his house, otherwise he will kill him. The informant out of fear, showed the articles of his house. Bhadru Mina and Alam Mian took out Rs.500.00 from his box and two pieces of Dhoti and after that told him to show articles of other house, otherwise he would shoot him. Out of fear, the informant accompanied them. From the house of the son of the informant namely Manu Singh Mahabub Mian looted the entire articles and Hamid Mian took away hebuffalo, she-buffalo and the buffalo calf .From the house of Sudhir, Gaffur Mian, looted all the articles and Liyakat Mian took away the he-buffalo and cow and after that Bhadru Mian entered into the house of Govind Singh and looted the articles. From the house of Mateshwer Singh, Anwar Mian looted all the articles and then Rajan Mahto, looted all the articles from the house of Raju Singh. After that in the process of going away with the looted articles Bhadru Mian also abducted Raju Singh and on the way Raju Singh, somehow managed to escape and saved his life.

(3.) On the basis of the written report, Kasmar P.S. Case No 34 of 2001 dated 30.7.2001 was registered against the accused persons including the current appellant and police took up investigation and after completion of investigation police submitted charge sheet against three accused persons including the current appellant in the court of ACJM Bermo at Tenughat. Two other accused persons namely Bhadru Mina and Miktatr Alam was declared as absconders. The learned ACJM took cognizance of the offence and case was committed to the court of Sessions which was registered as S.T. No. 31 of 2002 . The plea of the defence was that he is not guilty and has been falsely implicated in this case and claimed to be tried.