PURUSHOTTAM LAKRA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dtd. 25/5/2004 and order of sentence dtd. 26/5/2004, passed by learned Additional District & Sessions Judge, Fast Track Court No. II, Gumla, in Sessions Trial No. 136 of 2003, whereby the sole appellant has been convicted for the offence committed and punishable under Sec. 395 of the Indian Penal Code and has been awarded rigorous imprisonment for seven years with a fine of Rs.1,000.00 and in default of payment of fine amount, to undergo simple imprisonment for three months.

(2.) The prosecution case is based upon written report submitted by Arkhita Nand Deoghariya (P.W. 1), before the Officer-in-Charge, Bharno Police Station on 7/7/2002, alleging therein, that on 6/7/2002 at around 9.45 P.M., the informant was in his house, when dacoits lashed with weapon asked the informant to open the door, by claiming that they are members of M.C.C. and if the informant will not open the door, he will put the house on fire. The informant under fear, opened the door and thereafter the dacoits surrounded the informant and targeted the weapon on the head of the informant. The total accused who entered into the house were eight in number. They have looted the ornaments and cash. The articles have been mentioned as two pair of gold earrings, nose tops of gold, three pairs of silver anklet, two- three silver coins, titan wrist watch and cash Rs.11,800.00 from the informant, his wife, his son and his father. The accused persons were having double barrel gun, one sten gun, five dacoits having pistol and two persons were having bhujali (sharp cut weapon). The accused persons after committing dacoity went out of the house and after half an hour, the informant came out of his house, upon hearing brawl in the village and met co-villager Ram Prasad Jaiswal, who has also disclosed that dacoity has been committed in his house and Rs.5800.00 has been looted away. Another co-villager Shiv Prasad Jaiswal, who met the informant has also disclosed that dacoity has been committed in his house and Rs.4600.00, ornaments of silver and gold and other articles have been looted away by the accused persons. The informant has disclosed the appearance of the accused as one is fair in complexion and tall and rest were dark in complexion and all of them were in the age group of 20-30 years having normal built body. The informant has claimed that he along with Ram Prasad Jaiswal and Shiv Prasad Jaiswal can identify the accused after seeing them. The dacoits were using local Hindi language.

(3.) On the basis of the written report of the informant, police has registered Sisai (Bharno) P.S. Case No. 61 of 2002, dtd. 7/7/2002, under Sec. 395 of the Indian Penal Code.