SHEO KUMAR PANDEY Vs. JEETENDRA SHARMA

JUDGEMENT

(1.) Both the criminal appeals being Cr. Appeal No. 246/01 filed by accused-appellant. Sheo Kumar Pandey and Cr. Appeal No. 257/01 filed by accused-appellant. Jeetendra Sharma arising out of the same judgment dated 26.5.2001 and order of sentence dated 28.5.2001 passed by Shri Misrilal Choudhury, 5th Additional Sessions Judge, Hazaribagh in Sessions Trial No. 349 of 1999, by which judgment the learned Sessions Judge found both the appellants guilty under Sections 395 and 397 of the Indian Penal Code and sentenced them to undergo R.I. for 10 years under both sections. He also found appellant. Jeetendra Sharma guilty under Sec. 412 of the Indian Penal Code and sentenced him R.I. for 5 years. However, it was directed that sentences against Jeetendra Sharma under Sections 395, 397 and 412 of the Indian Penal Code will run concurrently.

(2.) The prosecution case was started on the basis of a fardbeyan given by PW 7, Satrughan Yadav on 13.10.1998 stating therein that in the last night he was sleeping along with his mother, younger sister and cousin brother after taking food. At about 1 p.m. in the night taking the name of his brother. Ram Khelawan somebody called to open the door. They woke up on the call and went over the roof on inquiry. The un- known person said that he is a 'driver' and his friend is 'khalasi' of the vehicle of their father, Kanhai Yadav and vehicle has got break down and he wanted to talk about the same with his mother. Her mother said that she does not known him and thereafter informant's mother called uncle, Daulat Mahato to see as to who are the persons. Then Daulat Mahato came at the door of the informant and asked them as to why they had come in the house. At this they started assaulting her uncle then he and his mother came out from house then three persons also came from behind and entered into their house and started committing loot of golden ornaments, cash and others things. During dacoily one person had covered his face by clothes. The clothes fell down from his face then he recognised him as Sheo Kumar Pandey of their village, who lives at Vanaras. On hearing hidlah villagers also came and attacked the dacoits to which dacoits also made firing on the villagers. He gave the description of the dacoits in the fardbeyan. He stated that one of the accused took his HMT wrist watch on which his name was engraved. When the dacoits started running away then the villagers chased them. During chase by firing of the dacoits, one Jagdish Mahato received injuries. In respect of that villagers caught hold of one dacoit and assaulted him. Other dacoits ran away on a Maruti Car which they had kept near the school. One dacoit who was caught discloses his name as Jeetendra Sharma. Subsequently, he was handed over to the police and the police recovered his HMT wrist watch from his possession and also recovered a looted pistol with six live cartridges. The police also recovered bomb and fire arms, which were left by the dacoits.

(3.) On the basis of the said fardbeyan the police registered a case under Sections 395/397/412 of the Indian Penal Code and after investigation submitted charge-sheet under the aforesaid sections. Since the case was exclusively triable by a Court of Sessions and the case was committed to the Court of Sessions where the trial was held.