PARAS PANDEY AND OTHERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 25.01.2010 and sentence dated 28.01.2010 passed in Sessions Trial Case No. 172 of 2008 by learned Additional Sessions Judge, F.T.C. No. 1, Palamau whereby and whereunder each of the appellants have been convicted under sections 395 of the IPG and sentenced to R.I. for five years and fine of Rs. 2000/- and in default of payment of fine to undergo S.I. for three months.

(2.) The prosecution story in brief is that a complaint case No. 378/2002 by complainant Nand Kumar Pandey was filed against the appellants alleging thereby that at about 6-7 p.m., on 03.06.2002 when he along with his son Jitendra Pandey were returning to his village after having drawn Rs. 2000/- from S.B.I., Panki and reached near the canal of Barwahi canal, appellants with their faces covered came and surrounded them, assaulted them and thereafter, on point of gun they took Rs. 2000/- from his pocket and his pocket.

(3.) The complainant gave its information in panchayat and to the concerned police station and when no action was taken, the complainant has filed this complaint petition. After the cognizance was taken under sections 392, 341, 323 and 504, IPC against the accused persons, the trial commenced after charges were framed. Thereafter the case was found to be made out under section 395, IPC and hence the case was committed to the court of session. The charges were framed against the accused persons to which they pleaded not guilty and claimed to be tried.