YUNUS ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the Criminal Appeals have been preferred against the judgment of conviction dated 22.03.2004 and order of sentence dated 26.03.2004, passed by learned Additional District and Sessions Judge, Fast Track Court No. IV, Bokaro, in Sessions Trial No. 231/1996, whereby the appellants Yunus Ansari and Maqbul Ansari have been convicted by the learned trial court for the offence committed and punishable under Section 395 of the Indian Penal Code and have been awarded rigorous imprisonment for seven years with a fine of Rs. 5000/- each and in case of default in payment of fine, further to undergo rigorous imprisonment for one year.

(2.) The prosecution case is based upon the fardbeyan of Munna Kumar (P.W. 5), recorded by Assistant Sub Inspector of Police C.M. Jha of Chas Police Station, on 05.07.1995 at 4.30 Hrs. in village Narainpur tola, Bartand, at the residence of Munna Kumar. The informant has alleged that marriage of the informant was finalised, tilak ceremony was held and the entire family was sleeping in the night, as the informant's marriage was fixed on the very next date. The informant has alleged that informant along with pandit jee were sleeping on the terrace of the house on 05.07.1995 at night around 1.30 2.00 Hrs., when five accused persons climbed over the terrace. Two of the accused persons were keeping watch over the informant and the pandit jee and the other accused persons have stepped down inside the house. Altogether fourteen accused persons were involved in commission of the dacoity and after assaulting the family members including mother, father, brother, sister of the informant and one master sahib, accused persons have looted away cash, jewellery kept in the house. The accused persons were demanding the cash taken in tilak. The informant has disclosed in the fardbeyan that his mother and father could identify one of the co-villager namely Maqbul Ansari, who was involved in the dacoity. The dacoits were talking in local language. The informant has stated that he could identify the accused as well as the materials looted away, after seeing them, as the dacoits have committed the offence for 45 minutes.

(3.) On the basis of the fardbeyan of the informant, police has registered Pindrajora P.S. Case No. 53 of 1995 dated 05.07.1995, under Section 395 of the Indian Penal Code against Maqbul Ansari and fourteen unknown accused persons.