CHHATISH MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The appellant has filed this appeal being aggrieved by the Judgment of conviction dated 30.1.2006 and Order of sentence dated 31.1.2006 passed by learned Additional Sessions Judge-1, Sahibganj in Sessions Case No. 55 of 1993 whereby and whereunder the learned court below held the appellant-accused person guilty of having committed offence punishable under Sec. 395 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and fine with default clause.

(3.) The case of the prosecution as unfolded in the fardbeyan of the informant in brief is that the informant was travelling in 405 Up Katuwa Passenger train in the second class general compartment in the intervening night of 2/3 Dec., 1990. Some dacoits entered inside the bogie from Sahebganj Railway Station. After the train crossed the outer signal of Sahebganj Railway Station, the dacoits, altogether five in number, armed with bombs and knives looted the passengers of the train and also exploded bombs causing injury to several persons. The Railway Protection Force Personnel, who were also travelling in the same bogie, fired at the dacoits. The informant gave description about the age and physique of the dacoits. By the time the train slowed down on reaching Karamtoli Railway Station, the dacoits got down from train. The informant claimed to identify the dacoits as there was light in the bogie of the train.