KUNDAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 20.03.2002 and order of sentence dated 21.03.2002 passed in S.T. No. 102 of 2000, by the learned 1st Additional Sessions Judge, Latehar, the present appellants have filed this appeal.

(2.) These two appellants have been convicted for committing offence under section 395 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for five years with a fine of Rs. 1000/- each and in default, to further undergo R.I. for six months.

(3.) Latehar P.S. Case No. 8 of 1999 was registered under sections 395 and 397 of the Indian Penal Code on 12.01.1999 on the fardbeyan of one Rajesh Pal (P.W.2). The informant stated before the police that on 12.01.1999, he being the driver of bus bearing registration no. BR 14P 4266 was driving the said bus, which proceeded from Ranchi to Daltonganj. At about 1.25 p.m. the said bus left Ranchi and reached Chandwa at 3.10 P.M. When the bus reached at Udaipur bus stand at about 3.45 p.m. some passengers got off the bus and at that point of time one person aged about 22-23 came near the driver and pointed pistol and threatened him not to proceed further. He further stated that some miscreants started breaking window-panes of the bus and some other miscreants started looting the passengers. He stated that from a passenger Lakhan Lal Rs. 9500/- was looted and from one Md. Yusuf, another passenger, Rs. 3500/- was looted by them. The conductor, who was carrying money with him was also a victim and from his possession Rs. 3000/- was looted by the miscreants. One of the passenger, namely, Dwarika Das (P.W.1) was also assaulted by the miscreants. He lastly stated that approximately Rs. 20,000/- was looted from the passengers of the bus. On this fardbeyan, the first information report was registered against 5 unknown miscreants.