VIJAY KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned A.P.P. for the State.

(2.) This criminal revision application is directed against the judgment dated 07.02002 passed in Criminal Appeal No. 139 of 1995 by learned 7th Addl. Sessions Judge, Palamau at Daltonganj, whereby and where under the judgment of conviction and the order of sentence dated 211.1995 passed by learned Judicial Magistrate, 1st Class, Daltonganj, in G.R. Case No. 508 of 1991 , convicting the petitioner for the offence under Section 394 of the Indian Penal Cod and sentencing him to undergo rigorous imprisonment for three years, has been affirmed while conviction under Section 411 of the Indian Penal Code has been set aside.

(3.) The prosecution story, in brief, is that the informant was coming to Daltonganj by a passenger train and while he was standing at Kajri Railway Station, he was robbed by two criminals. It is alleged that both the criminals began to flee away, after looting the informant but the informant-Paramjeet caught hold both the criminals and there was scuffle between them and they fell down in the ditch. It is alleged that on Hulla, the petitioner was apprehended and from the possession of the petitioner, an amount of Rs. 1947/-, one knife and one loaded country made pistol was recovered.