PURAN GIRI @ PURAN MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred from jail against the judgment and order of conviction and sentence dated 30 October, 2006 and 31st October, 2006 respectively, passed in Sessions Case No. 232 of 2005, arising out of Jama Police Station Case No. 110 of 2004, whereby and whereunder, the learned 5 Additional District & Sessions Judge, Dumka (F.T.C.), while acquitting one of the accused, namely, Santosh Kumar Mandal of the charges, has convicted the appellant and one another for the offence under Section 395 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years each and further imposed a fine of Rs. 1000/ - each and in default of payment to further undergo simple imprisonment for three months each.

(2.) THE prosecution case, which is based on the Fard -beyan (Ext. 1/1), given by one Jona Kisku (PW 5) before the then Sub Inspector of Police, Jama Police Station, on 7.12.2004 at about 11.45 a.m., in brief, is set out as under:

(3.) IN the instant case the prosecution has examined altogether six witnesses, namely, PW 1 (Nenansi Paswan), PW 2 (Churki Soren), PW 3 (Deepali Kisku), PW 4 (Charlis Kisku), PW 5 (Sona Kisku) and PW 6 (Shiv Narayan Ram, I.O. of this case). PW 1 (Nenansi Paswan) is the wife of the informant PW 5 (Sona Kisku) whereas PW 4 (Charlis Kisku) is a constable and next -door neighbour of the informant. Certain documents have also been exhibited as Ext. 1 (signature of Sona Kisku on the Fard -beyan) and Ext. 1 (Fard -beyan).