NANDU HAZRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present Criminal Appeal has been preferred by the sole appellant Nandu Hazra who has been convicted for offence punishable u/s 395 of the Indian Penal Code vide judgment of conviction dated 23.02.2004 and order of sentence dated 24.02.2004. The impugned judgment of conviction and order of sentence has been passed by learned Additional Sessions Judge-XIII, Dhanbad in Sessions Trial No. 161 of 1996, arising out of Govindpur P.S. Case No. 7/1980 (G.R. No. 1559/1980).

(2.) That three accused namely Yunus Mian, Nandu Hazra and Mukali Hazra have been put under trial for offence committed u/s 395 and 412 of the Indian Penal Code but the Trial Court has acquitted Mukali Hazra and Yunus Mian of the charges u/s 395 and 412 of the Indian Penal Code and convicted the sole appellant Nandu Hazra u/s 395 of the Indian Penal Code and awarded rigorous imprisonment for 5 years and a fine of Rs. 1000/- in default of payment of fine, further rigorous imprisonment for six months but no finding with respect to Nandu Hazra was given for the charge u/s 412 of the Indian Penal Code.

(3.) The prosecution case in brief is that on 12.05.1980 at around 8 P.M., the informant Md. Tale Hussain, was sitting in his house, in the village Kashitand, P.S. Govindpur, District- Dhanbad. The door of the house was open. All of a sudden 15-20 unknown miscreants armed with pistol, dagger and having torch entered into the house. The miscreants assaulted a tutor who was teaching the children of the informant. Thereafter, the miscreants assaulted the inmates of the house and looted away ornaments, cloths and other articles worth Rs. 3,840/-. In the incident, the father of the informant, Umar Ali, has also sustained injury, who was taken to hospital for treatment. The informant has also stated that dacoity was also committed in the house of his uncle, who will disclose, what are the articles, the dacoit has taken. As his uncle has taken his father to the hospital for treatment.