VISHNU DHEKARO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, Mr. D. C. Mishra, learned counsel for the appellant and learned counsel for the State, Mrs. Laxmi Murmu, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal is directed against the Judgment of conviction and order of sentence, both dtd. 19/2/2004, passed by the learned 3rd Additional Sessions Judge, Dumka, in S.C. No.210 of 2000, arising out of Masalia P.S. Case No.28 of 1998 corresponding to G.R. No.209 of 1998, whereby the appellant and another accused, Jaidhan Dhekaro has been held guilty for the offence committed and punishable under Ss. 395 and 412 I.P.C. and awarded rigorous imprisonment for five years for the offence committed and punishable under Sec. 395 I.P.C. and fine of Rs.1,000.00 and in case of default in payment of fine, to further undergo simple imprisonment for two months and rigorous imprisonment for five years for the offence committed and punishable under Sec. 412 I.P.C. with a fine of Rs.1000.00 and in case of default in payment of fine, to further undergo S.I. for two months Both the sentences are directed to run concurrently.

(3.) The prosecution case, is based upon, the fardbeyan of the informant, Ashok Kumar (P.W.4) recorded by A.S.I., J. Manjhi, Masalia Police Station at Masalia Hospital on 2/5/1998 at 14.30 hrs., wherein the informant has alleged that on 2/5/1998 at 9.00 A.M., he along with his staff, Dhananjay Choudhary (P.W.3) were returning by Motorcycle after withdrawing Rs.2.00 Lacs from the Allahabad Bank, Main Branch, Dumka and coming to their Branch at Dhasania. When the informant reached near Muhalbana, some unknown persons started assaulting the informant by means of lathi on his head, hand and leg and two persons were standing at some distance. The informant anyhow fled away towards the village from where he was brought to Masalia Hospital. It is further alleged that Dhananjay Choudhary (P.W.3) was also assaulted by two persons and after breaking the 'Dikki' of the Motorcycle, the accused persons have taken the bag containing Rs.2.00 Lacs, withdrawn by the informant from the Allahabad Bank, Dumka.