SOBRATI MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A. S. Dayal, learned counsel, appearing for the petitioner and Mr. S. K. Keshari learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 18.01.2001 passed in Criminal Appeal Nos. 64 of 1987, 72 of 1987 and 80 of 1987 by learned Additional Sessions Judge, Pakur, whereby and where under, the judgment of conviction and the order of sentence dated 30.04.1987 passed by the learned Assistant Sessions Judge, Pakur in Sessions Case No. 170 of 1984, whereby the petitioner was convicted u/s 395 I.P.C. and sentenced to undergo R.I. for 6 years, has been affirmed.

(3.) An F.I.R. was instituted on the allegation that on 17.05.1983 in the night while the informant and his other relatives were sleeping in the verandah of the house, there was a cry of alarm from the parents and saw 10-12 persons on the verandah. Some persons were identified by the informant. It is also alleged that after assaulting his parents, the miscreants committed dacoity and had taken away the articles worth Rs. 6,000/- containing household articles, ornaments and cash. The allegation mentioned above led to institution of Pakuria P.S. Case No. 13 of 1983 in which charge-sheet was submitted against the petitioner and other accused persons. After the case was committed to the Court of learned Assistant Sessions Judge, Pakur, charge was framed and after conclusion of trial, the petitioner was convicted vide the judgment of conviction and the order of sentence dated 30.04.1987 for the offence punishable u/s 395 of the I.P.C. and was sentenced to R.I. for 6 years. The appeal preferred by the petitioner was also dismissed by learned Additional Sessions Judge, Pakur vide judgment dated 18.01.2001.