RAITU KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Supriya Dayal, learned counsel appearing for the petitioner and Mr. Ram Prakash Singh, learned A.P.P.

(2.) This application is directed against the judgment, dated 17-12-2004 passed by the learned 1st Additional Sessions Judge, Gumla in Criminal Appeal No. 11 of 2001 whereby and whereunder the judgment and order of conviction and sentence passed by the learned 1st Assistant Sessions Judge, Gumla in S.T. No. 60 of 1983 on 7-2-2001 convicting the petitioner for the offence under Section 395 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years has been affirmed.

(3.) The prosecution story in brief is that in the night of 26/27-3-1975 at about 1-30 a.m. while the informant was sleeping in his house he heard the sound of firing and thereafter forcible pushing of the main door of his house. The informant became apprehensive and he though that the dacoits had come. It is alleged that subsequent thereto the dacoits had broken open the door and forcibly entered into the house of the informant and after catching hold of the informant tied his hands and forcibly took his wrist watch. It is also alleged that dacoits also tied the hands of the servant Panchu Lohra and they were assaulted by danda and valuable articles were looted. It has also been alleged that in the meantime one dacoit warned his head that there is hulla in the village as the villagers have came to know about the dacoity which led to all of them fleeing away. The informant and the villagers chased the dacoits and in course of chase one Shibu Sahu had caught one dacoit but he was assaulted with a sharp cutting weapon and thereafter he managed to flee away. Allegation has been levelled that dacoity was commutted by eight to ten dacoits who were having Tangi in their hands and were using the torch light. Subsequently the informant could also come to know that the dacoits had also assaulted his parents and had taken away Rs. 2,500/- and ornaments of her mother.