SUBHASH SINGH @ BHOMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants Mr. Dilip Kumar Prasad, assisted by Mr. A.K. Pathak, Advocate and learned counsel for the State, Mr. Suraj Verma, learned Additional Public Prosecutor.

(2.) Both the criminal appeals are directed against a common judgment of conviction, dtd. 5/3/2005 and order of sentence, dtd. 9/3/2005, passed by learned Additional Judicial Commissioner, Fast Track Court No.-VII, Ranchi, in Sessions Trial No. 100 of 2001, whereby both the appellants have been convicted for the offence committed and punishable under Sec. 395 of the Indian Penal Code and awarded rigorous imprisonment for seven years with a fine of Rs.1000.00 each and in case of default in payment of fine, to undergo further rigorous imprisonment for three months.

(3.) The prosecution case is based upon the fardbayen of Sujata Kachhap (P.W.-4), recorded by Sub-inspector, P.N. Tiwari, Officer-In-Charge of Sadar police station on 28/8/1998 at 03:00 A.M. in mohalla Khoraha Toli. The informant has alleged that today in the night i.e. on 27/28/8/1998 at about 09:00 P.M. she alongwith her Bhagina, Kartik Minz aged about 14 years and Bhagni, Shrdhanjli Minz aged about 12 years were taking meals in the kitchen, her children were sleeping in the room and her husband has not returned from his work. In the meantime, the informant has heard barking of dogs, upon which she asked her Bhagni, Shrdhanjli Minz to see why the dogs are barking. Shrdhanjli Minz told her that there was nothing. In the meantime, four dacoits entered into the kitchen of informant and disclosed that they are extremists, do not raise any brawl. She was caught hold by the extremists and was brought in her kitchen. Thereafter they have demanded Rs.50,000.00 in cash from the informant and threatened to kill her in case of non-payment of the said amount. Informant has further alleged that out of fear, she has handed over the key of locker and after opening the same, the accused have taken Rs.7000.00 in cash and also some jewelleries i.e. one golden ring, two silver ring, three pairs of silver anklet, two silver chain and one bicchiya of silver. Thereafter they took the informant to another room and taken away two steel box. The informant has disclosed about descriptions of dacoits as one of dacoits was aged about 45 years, wearing khakhi pant and khakhi shirt with monkey cap on his head. He was in intoxicated condition and seems to be leader. Second dacoit was tall and fair, aged about 30 years, bend towards front. Third dacoit was wearing yellow shirt and lungi, aged about 38-40 years and four dacoits were inside the house and two dacoits were outside. Rest of the dacoits were in age group between 25-30 years. The informant has claimed that she could identify the accused persons as she has seen them in the light of electrical bulb and also claimed to identify the looted articles. After committing dacoity, they fled away. In the meantime, husband of informant came there and with the help of other persons, they chased the dacoits who have succeeded in fleeing away. One of the dacoits was having double barrel gun and one of them having double barrel pistol.