MD AKBAR ALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant Mr. P.P.N. Roy, Senior Advocate assisted by Mrs. Pragati Prasad, Advocate on behalf of Dinesh Sao @ Dinesh Sah in Cr. Appeal No.1267 of 2005 and Mr. Yadunandan Mishra, Advocate appearing for appellant, Md. Akbar Ali in Cr. Appeal No.1418 of 2005.

(2.) The appellants have preferred separate appeal against the common judgment of conviction dated 17th September, 2005 and order of sentence dated 19th September, 2005 passed in Sessions Trial Case No.537 of 1994 passed by Additional Sessions Judge, F.T.C.-III, Bokaro, whereby both the appellants have been convicted under Sections 399 and 402 of the Indian Penal Code and awarded rigorous imprisonment for five years and a fine of Rs. 1000/- under both the head separately and in the case of default in payment of fine simple imprisonment for three months.

(3.) The prosecution case is based upon fardbayen of R.N. Singh, Officer incharge, Balidih on 30.08.1992 at 16:30 hours at petrol pump, Balidih. The informant has alleged that he alongwith Sri Devendra Jha, Wireless A.S.I. were going on their private car towards Bokaro. In the meantime, they saw a Maruti Van brown in colour bearing Registration No. BR-17A 7161 coming from opposite side. The Officer in-charge recollects and remembered that on 28.08.1992, a dacoity was committed at petrol pump at Gobindpur, Dhanbad and Nimiya Ghat, Giridih by the same vehicle and as such the Officer incharge got suspicion. He asked his driver to chase the vehicle and came to the Balidih police station and instructed his all police officers to follow him. Subsequently, the Officer in-charge noticed that the said vehicle was standing under seasame tree in front of petrol pump. The Officer in-charge asked Devendra Jha, Wireless A.S.I., to call some local people and keep vigiliant about Maruti Van. The Officer-in-charge has further submitted that he saw that right side door of the Maruti Van was opend and two of the accused persons rushed towards the cashier of the petrol pump. In the meantime, A.S.I. Devendra Jha, with his service revolver and local people and other officers including informant surrounded the accused persons and thereafter the accused persons were arrested. It is further alleged that from possession of the criminals, country-made pistol, arms, bombs, knife were also recovered alongwith cash from the Maruti Van, which were seized by the police by preparing seizure list in this case.