DIWAKAR PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Appellant alongwith one Moharlal Mirdha were tried for the charge under Section 395 of the Indian Penal Code (for short "IPC") whereas, Moharlal Mirdha was acquitted, the Appellant has been convicted under Sec.395 Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years.

(2.) The fact which led to this appeal in brief is that on 19th/20th February, 2001 at about 11:30 p.m. Pitamber Mandal, the younger son of the informant, Jiyadhar Mandal, who was sleeping in the Varandah called him and requested to open the door saying that the miscreants are threatening to kill him and his wife. The informant at first did not open the door, he peeped through the window and saw that 5/6 miscreants were catching hold of his son and were assaulting him. The informant raised alarm but nobody turned up. The miscreants then brought kerosene oil and poured on his son, who cried that the miscreants were going to set fire on him if the door is not opened. When the informant opened the door, one miscreant gave fist blow over his face and asked to disclose whereabouts of the cash. They, thereafter, entered into the room of Hari Mohan Mandal, the father of the informant and took away Rs. 10,000 from his almirah.They also took away H.M.T. wrist watch and utensils from his house. When the miscreants were leaving the house after committing dacoity, the informant followed them and successfully pushed one of the miscreants into the well near his house. Subsequently, the miscreant was taken out of the well who disclosed his name as Diwakar Prasad Singh of village Gangara, P.S. Pathargawa, District Godda. He also disclosed the name of other miscreants.

(3.) On the basis of the fardbeyan of the informant, case was registered under Section 395 Indian Penal Code against the Appellant, Diwakar Prasad Singh and seven others and was investigated into. After investigation, the Police submitted chargesheet under Section 395 Indian Penal Code against the accused Appellant Diwakar Prasad Singh and one Moriarlal Mirdha while investigation continued against other accused persons. Both the accused persons were questioned under Sec.313 Cr.PC.They denied the charge and faced the trial.