KALLU MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SINCE all the appeals, arise out of common judgment, are herd together and are being disposed of by this common judgment.

(2.) ALL these appeals are directed against the judgment of conviction and order of sentence dated 16.5.2002 and 17.5.2002 passed by 3rd Additional District and Sessions Judge, Dhanbad in Sessions trial No. 111/92/468/93, whereby and whereunder the learned Additional Sessions Judge held all the appellants guilty under Sections 395 Indian Penal Code and sentenced them to undergo RI for five years and a fine of Rs. 1000.00 each and in default of payment of fine to undergo SI for six months.

(3.) THE police started investigation and finally submitted charge sheet bearing No. 1391 dated 25.3.91 after arresting five dacoits and showing three absconders. The accused persons in custody were committed to the court of sessions where they were put on trial after framing of charge on 25.7.95. During trial one Md. Haidar confessed his guilt and was sentenced to serve RI for seven years on 25.7.98. Another charged accused Md. Wahid jumped bail and absconded. Remaining five accused persons, Kallu Mian, Ayub Ansari, Md. Salim, Abdul Matin and Md. Jainul charged under Sec.395 Indian Penal Code, pleaded not guilty and claimed false prosecution. Appellants Ayub, Abdul and Jainul were charged under Section 412 Indian Penal Code on 2.2.2000 for possessing the looted rifle, later on recovered by the police, vide Dhanbad Sadar P. S. Case No. 173/93 dated 12.5.93, on confession of Wahid the looted rifle was recovered from the possession of Matin. The learned trial court, by order dated 16.5.2002, acquitted appellants Matin, Jainul and Ayub from charge under Sec. 412 Indian Penal Code but found and held all the appellants guilty under Sec.395 Indian Penal Code and sentenced them as aforesaid.