ANWAR ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeals have been preferred against a common judgment of conviction dated 22.09.2003 and order of sentence dated 23.09.2003, passed by learned Sessions Judge, Palamau at Daltonganj, in Sessions Trial No. 16 of 2002, whereby seven appellants have been convicted by the learned Trial Court for the offence punishable under Sec. 395 of the Indian Penal Code and appellant Ushman Mian (appellant in Cri. Appeal (SJ) No. 1842 of 2003) has further been convicted under Sec. 412 of the Indian Penal Code. The learned Trial Court has awarded rigorous imprisonment for seven years for offence committed under Sec. 395 of the Indian Penal Code and rigorous imprisonment for seven years to Ushman Mian for offence committed under Sec. 412 of the Indian Penal Code. Against the said impugned judgment of conviction and order of sentence, the present criminal appeals have been preferred before this Court, which are being disposed of by a common judgment.

(2.) The prosecution case as made out in the First Informant Report is based upon the fardbeyan of Abraham Tigga (P.W. 7), recorded by S.I. Ahmad Ali, officer-in-charge, Sadar P.S. on 19.09.2001 at 10.55 hrs., where the informant has alleged that in the night of 18.09.2001 at around 7.00 p.m. (19 hrs.), seven accused persons entered into his house from the western side and all the accused persons asked his son, whether guardian is available in the house or not? In the meantime, the informant returned from Daltonganj and since, the accused persons have seen the informant, they said 'lal salaam and they have disclosed that ' uncle we are partywala coming from Paanki and our commander has sent us before you for bringing Rs. 10,000.00', upon which the informant said that, from where he will get money, as the children are studying, upon which the accused person said that if you will not give us money, we will kidnap your son. When informant's son tried to go out of the house, the accused persons stopped him. One of the accused, short in height, took out the pistol, some of the accused persons have also went into the house of his neighbour, Vinay Toppo. All the accused persons, under the threat of pistol searched the entire house. The informant's sister-in-law, Irma Tirkey was guest in the house of the informant. The accused persons have taken Rs. 3000.00 from her box. Similarly they have taken Rs. 2500.00 from the house of Vinay Toppo, one golden locket with pearl, along with one lady Titan golden watch, from the house of Vinay Toppo.

(3.) On the basis of the fardbeyan, police instituted Sadar P.S. Case No. 303/2001 dated 19.09.2001 under Sec. 395 of the Indian Penal Code.