DUGU MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL the seven appeals arise out of the same judgment and order of conviction and sentence dated 22.1.2002 passed by Sri Jai Govind Singh, 2nd Additional Sessions Judge, Bermo at Tenughat in S.T. No. 280 of 1999 by which judgment learned Additional Sessions Judge, Bermo at Tenughat found all the appellants guilty under Section 395 of the Indian Penal Code and Section 397 of the Indian Penal Code and sentenced them to undergo R.I. for a period of 10 years and to pay a fine of Rs. 3000/ - and in default to undergo R.I. for a period of 6 months. The learned court below also found all the appellants guilty under Section 397 of the Indian Penal Code and sentenced them to undergo R.I. for a period of 7 years However, he directed both the sentences shall run concurrently.

(2.) THE instant case was started on the basis of a Fardbeyan given by Badri Yadav ( P.W.2) on 3.4.98 at about 2:30 hrs. to Officer -in -Charge. Petarbar Police Station stating therein that on 2.4.98 at about 11.00 P.M. in the night when he was returning back from Lalpania to his house then at his door he found some people are assembled, he thought that they had come in order to see the television from the neighbourhood and reached near the door of house he found that 10 -12 persons were present who tied hands of Saroj Yadav on his back. When he reached then one person put a double barrel gun on his chest and asked his name, to which he disclosed his name as Badri Yadav then the man with gun said that whether his Sasural is at village Jhirkai. Then, another man, who was lean and thin said that he recognized him as Koleshwar Karmali. They asked him to sit down, some dacoits were inside the house committing robbery. After committing robbery when the dacoits came out from the house then they escorted him to the house of Chamtu Mahto and as per their instruction he asked him that O/C had come there, when the door was opened they committed dacoity in his house and looted the goods, which were kept in the house and shop. They also committed dacoity in the house of Mohan Gope, Ganga Ram, Suraj Yadav, Mahadeo Yadav, Jagdish Yadav and Narayan Yadav. Suddenly, they saw the jeep coming from the other side then they ran away with the looted articles. He came to know that from his house they had taken away silver ornaments and cash of Rs. 900/ - and other things.

(3.) IN course of investigation, the police apprehended some dacoits and they were put on T.I. Parade and identified by some of the witnesses and some looted articles had also recovered, which were identified at the T.I.P. during investigation by the police and after completion of investigation the police submitted charges -sheet against the accused -appellants under Sections 395/397/412 of the Indian Penal Code and on receipt of the charge -sheet the learned Magistrate after taking cognizance of the offence committed the case to the court of sessions and in due course the case was tried by the 2nd Additional Sessions Judge. Bermo at Tenughat and as such he convicted the appellants as aforesaid.