ATAUL MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) At the outset it needs to refer that the appeal has been filed by Mr. Rajiv Lochan and Sanjay Kumar. The appellant has not been represented by them, even though their names have been displayed in the Display Board. This appeal is of the year 2009 and therefore, taking into consideration of the fact that the appeal is lying pending for about last 10 years, the Court deem fit and proper to appoint Mr. Anil Kumar Sinha, as Amicus Curiae to assist this Court.

(2.) The instant appeal is against the judgment and order of conviction dated 12.12.2008 passed in Sessions Case No.157/2001 arising out of Jamtara P.S. Case No.39/1989, G.R. Case No.89/1989 by Additional Sessions Judge-III (Fast Track Court), Jamtara, whereby and whereunder the appellant has been convicted to undergo seven years rigorous imprisonment for commission of offence under Section 395 of Indian Penal Code and fine of Rs.1000/- and in default of fine of Rs.1000/- shall undergo one month simple imprisonment.

(3.) The order of conviction and sentence pertains to institution of a criminal case by virtue of lodging an FIR against the unknown dacoits in the Jamtara police station under Section 395 of Indian Penal Code narrating the incident that on 26.02.1989, when the informant was seeing television program in his house with his family members, six miscreants entered in his room at about 21:10 p.m., they were covered their face and told the informant to kill him. They had demanded his wrist watch, which has been given by the informant to them. The miscreants taken away the articles from the house and one of the dacoit has also exploded bomb in his house and the compounder was injured. Upon hearing the sound of exploded bomb, armed police was reached there, all the miscreants started to flee away from there. When the informant came back to the house, then he has found that one V.I.P. brief-case, two golden rings, one silver challa, one couple silver payal, one silver chain and two golden Jitia had been missing. They have also disclosed that his family members can identify the miscreants because miscreants were seen in the light of electric at the time of alleged occurrence. On the basis of the said occurrence, an FIR has been instituted.