MD RAHIM @ KALIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeals have been preferred against a common judgment of conviction and order of sentence, both, dated 06.09.2003, passed by learned 6th Additional District and Sessions Judge, (F.T.C.), Dumka, in Sessions Case No. 24 of 2002/ 39 of 2003, whereby the above named six appellants have been convicted by the learned Trial Court for offence committed and punishable under Sections 395 of the Indian Penal Code and have been awarded rigorous imprisonment for seven years. 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 is based upon the fardbeyan of Md. Asfaque (P.W. 3) recorded by S.I. Manoj Kr. Singh, of Shikaripara Police Station on 24.04.2001 at 14.00 hrs. at Rampur Hat- Dumka Road, near Ramgarh, where the informant has stated that informant and his friends are doing the business of selling leather at Beldangha bazar in the district of Murshidabad in West Bengal. While they were returning on Tuesday after selling the leather along with money in a truck bearing registration No. BR- 13B- 5332 G, at around 1.00 P.M. they reached near Rampur Hat- Dumka road near Ramgarh, they saw a maruti van bearing registration No. WB- 38G4108 was standing there. When the truck reached near the maruti van, the maruti van blocked the road and five accused persons got down from the said van and committed dacoity. Three accused persons had tried to conceal their face and two accused persons have not put anything to conceal their face, one of the accused person was sitting on the driving seat of the maruti van. Two of the accused persons were having long pistols and Others were having country made pistol in their hands. The accused persons on threat and assault made dacoity of money from the informant and his friends. The amount of Rs. 20,900/- has been taken from the informant, amount of Rs. 53,000/- has been taken from Harmuz Ali, Rs. 22,000/- has been taken from Md. Irshad, Rs. 17,000/- has been taken from Md. Rustom and Rs. 26,000/- has been taken from Md. Kasim. Thereafter, one of the accused also climbed on the back side of the truck and the informant has claimed that the accused have also taken Rs. 6500/- from Md. Siyakat, Rs. 5500/- from Md. Abid, Rs. 4500/- from Kisan Ravidas, Rs. 2500/- from Hazrat Ali, Rs. 3500/- from Md. Kayasuddin, Rs. 5500/- from Md. Faruque, Rs. 4500/- from Abudar Rahman, Rs. 4000/- from Mansur Ansari and Rs. 4000/- from Ryasuddin Ansari. The accused persons while fleeing away, the cloth was removed from their face and thus, the informant has identified two of the accused persons, one, belongs to his village, namely Sahadat Ansari and other accused was Kaliya, who is resident of village Lathibari, P.S. Poraiyahat. The informant has further stated and alleged that the accused persons have looted in total a sum of Rs. 1,79,400/- in cash. The informant has claimed that Sahadat Ansari and Kaliya and the driver of maruti van bearing registration no. WB 38G 4108, they had also committed dacoity with such merchants 3-4 years ago, while they were returning in a 407 goods vehicle by showing pistol and other weapons and looted money.

(3.) On the basis of the fardbeyan of the informant, police registered Shikaripara P.S. Case No. 31 of 2001 dated 24.04.2001 under Section 395 of the Indian Penal Code and after investigation the police submitted three chargesheet against the accused persons. The first chargesheet was submitted vide charge sheet no. 55 of 2001 dated 28.07.2001 against Sahadat Ansari and Vijay Poddar under Section 395 of the Indian Penal Code, second charge sheet was submitted vide charge sheet no. 68 of 2001 dated 22.10.2001 under Section 395 of the Indian Penal Code against Anand Kumar Mandal, Kaliya @ Abdul Rahim and Md. Imtiyaz @ Karu Mian and third charge sheet has been submitted vide charge sheet no. 69 of 2001 dated 210.2001 under Section 395 of the Indian Penal Code against Bakar Mian @ Muzahir.