ANURANJAN SURIN AND ANOTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All the four criminal appeal (SJ) have been heard together and are being disposed of by this common judgment, as they arose from the same sessions trial number.

(2.) These criminal appeals are directed against the judgment of conviction dated 19.03.2009 and order of sentence dated 21.03.2009 passed by the learned Court of Additional District & Sessions Judge-II Chaibasa in S.T. No. 35 of 2006 whereby and where under the learned court below convicted the appellants under section 395 & 397 of the Indian Penal Code and sentenced to undergo R.I. for 5 years and fine of Rs. 3,000/- each for the offence under section 395 of the Indian Penal Code and in default of payment of fine R.I for six months to each of them and to undergo R.I. for 7 years each for the offence under section 397 of the Indian Penal. Both the sentences were ordered to run concurrently.

(3.) The case of the prosecution as alleged in the FIR by Junash Kaitha that he was going to bed with his wife and children after taking meal at 7.30 in the evening on 05.10.2005. All of sudden, four culprits entered his house and tied his hand back with a towel and started assaulting with danda and demanded money. The informant told them to untie his hand and he opened his Almirah due to fear. One of the dacoits who was of dark complexion and of a good height took out Rs. 8,000/- from Almirah, thereafter all culprits dragged the informant out of the house and demanded money. They took out Rs. 1100/- from the shop also and assaulted him. His wife escaped from the house for fear. In the mean time, the dacoits tied this informant and his son in the house. After some time, when the informant came out of the house, he saw that dacoits had broken the lock of the grill of Father Bodra (P.W. 4) and taken out the motorcycle bearing registration No. JH 05 G 6524. Among the culprits two were of tall height and dark complexation and wore shirt, pant and two were of short height and wore full pant shirt and were of fair colour. The informant also alleged that one of the culprits who was of fair colour and short height took out a solar plate from his house, the accused persons were speaking local language. In FIR, he claimed to identify the accused persons. The accused persons fled away with motorcycle and taking all the looted articles.