MOKHTAR ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeals have been preferred against a common judgment of conviction dated 11.05.2004 and order of sentence dated 17.05.2004, passed by learned 1st Additional Sessions Judge, Garhwa, in Sessions Trial No. 241/1995, whereby out of eight accused persons, these two appellants namely Mokhtar Ansari and Kyamuddin Ansari have been convicted for the offence committed and punishable under Sec. 395 of the Indian Penal Code and awarded rigorous imprisonment for seven years and a fine of Rs. 500.00 each and in default of payment of fine, simple imprisonment for six months. The period already under gone by both the convicts during the trial will be set off under Sec. 428 Crimial P.C., 1973

(2.) The prosecution case is based upon the written report submitted by the informant Jwala Tiwari before the Officer-in-Charge, Ranka Police Station in the district of Gumla, alleging therein that on 19.06.1993 at around 7.30 p.m., when the informant along with other family members were sitting in front of the door, nine accused persons lashed with pistols came to the door of the informant and seven persons entered into the house having gun, pistol and other weapons and rest two persons having gun and pistol stood at his door. Thereafter, the accused persons looted the utensils and cash of Rs. 1650.00and golden articles, briefcase and other household articles. The informant has further alleged that while the accused persons were looting the articles, they have threatened the family members not to raise hulla, otherwise they will be killed.

(3.) On the basis of the fardbeyan, police instituted Ranka P.S. Case No. 52 of 1993 dated 20.06.1993, under Sec. 395 of the Indian Penal Code against nine unknown accused persons.