SAJANLAL JAYASWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 19.04.2004 and order of sentence dated 21.04.2004, passed by learned Additional DistrictSessions Judge, Fast Track Court No. V, Dhanbad, in Sessions Trial No. 193 of 2002, whereby the appellants have been convicted for the offence committed and punishable under Sec. 412 of the Indian Penal Code and have been awarded rigorous imprisonment for three years With a fine of Rs. 5,000.00 each and in default of payment of fine amount, to undergo simple imprisonment for six months. By the same impugned judgment, the learned Trial Court has acquitted the appellants of the Charge under Sec. 395 of the Indian Penal Code.

(2.) The prosecution case is based upon written report submitted by B.K. Sinha, Deputy Chief Mining Engineer, Incline Mine, Sudamdih, before the Officer-in-Charge, Sudamdih Police Station on 13.11994, alleging therein, that dacoity has been committed at Old Incline during night shift of 111994 at about 01.00 A.M. and looted articles, costing nearly Rs. 50,000.00. The informant has further alleged, that 10-12 persons entered through gate no. 2 of Incline Mine capturing the persons, WhO were discharging their duty there and have taken five electrical motors, bearing nos. :- (1) Sl. No. 19420922/ 4C0429 (2) Sl. No. 19420930/ 4C0427 (3) Sl. No. 19420930/ 4C2780 (4) Sl. No. BEC-22652 (5) Sl. No. 85311187. The informant has further alleged that, Shankar Turi, guard was deputed at Gate No. 2, Kanhaiya Singh, driver was sitting along with guard, Khetu Rewani, T.R.W. (Incline) and Nizam Meah, T.R.W. (Incline), were on duty, when this offence was committed by the unknown accused persons. In the meantime, two driver of dumpers namely Ambika Yadav and Jagdish Roy, reached there, who were also caught by the dacoits. The dacoits were trying to load rubber belt and aluminium cable but they could not succeed in doing so. The offence was committed for 30 minutes causing a loss of approximately Rs. 50,000.00.

(3.) On the basis of the written report of Deputy Chief Mining Engineer, Incline Mine, Sudamdih, police has registered Sudamdih P.S. Case No. 417 of 1994, dated 112.1994, under Sec. 395 of the Indian Penal Code.