SUSHIL MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. A.K. Pandey, learned A.P.P. appearing on behalf of the State.

(2.) This application is directed against the judgment and order dated 05.03.2001 passed by the learned 2nd Additional Sessions Judge, Godda in Criminal Appeal No.56 of 2000 by 18 of 2000 whereby and where-under the appeal preferred by the petitioner against the judgment of conviction and sentence under section 411 of the Penal Code directing the petitioner to undergo rigorous imprisonment of three years has been dismissed.

(3.) It appears that the first information report was instituted in which it was alleged that the informant was going to deposit an amount of Rs.2 lacs in the State Bank of India. It is further alleged that when the informant approached the Bank, he was suddenly held back wherein the miscreants had snatched away the amount of cash and thereafter fled away in a motorcycle. Based on the aforesaid allegation, Godda P.S.Case No.150 of 1999 was instituted for the offences punishable under sections 392 and 411 of the IPC. After investigation, the charge-sheet was submitted against the accused persons under sections 392, 411 and 414 of the Penal Code and after charge was framed, the trial proceeded. In course of trial, since the prosecution had not been able to prove its case, the petitioner was acquitted for the offences punishable under sections 392/414 of the IPC. However, the petitioner was convicted for the offence under section 411 of the Penal Code and was sentenced to undergo rigorous imprisonment for three years. The petitioner preferred an appeal being Criminal Appeal No.56 of 2000 by 18 of 2000 which was dismissed vide judgment dated 05.02001.