KALIMUDDIN ANSARI @ JABBIR ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 11.01.2013, passed in Criminal Appeal No.119 of 2012 passed by the learned District and Additional Sessions Judge-I, Godda, whereby the learned appellate court has affirmed the judgment of conviction and order of sentence, both dated 31.08.2012 passed in G.R. No.357 of 2011/T.R. No.388 of 2012 whereby the learned Judicial Magistrate 1 st Class, Godda has directed the petitioners to undergo rigorous imprisonment for 3 years each for offence punishable under Section 394 I.P.C and fine of Rs.5,000/- each and further directed to undergo R.I for 3 years for offence punishable under Section 411 IPC and a fine of Rs.5,000/- each and in default of payment of fine petitioners were directed to undergo S.I for one month each and all the sentences were directed to run concurrently.

(2.) The prosecution case is based upon the fardbeyan of Mukesh Saren, recorded by S.I N.P. Singh, O/c Lalmatia Police Station on 01.04.2011 at P.S at 00.30 Hrs, alleging interalia as follows: (I) It is stated by the informant that he alongwith his lover Santi Murmu and his friend Arbind Kisku, was coming from Boarijore Hatia in the night of 31.03.2011 by his motorcycle No.JH-04D-8142 and at 8:00 P.M as they reached near a pond situated in between Basdiha and Lohandia, all off a sudden four criminals pulled a rope across the Road as a result of which they fell down and the miscreants looted the articles from the possession of riders on the point of pistol. The criminal dragged them towards rivlet. Two criminals took away the motorcycle of informant and fled away and rest two criminals stand there with revolver. After some time the rest two Criminals also fled away by another motorcycle which was kept behind a Mahua tree. The miscreants robbed the mobile phone of Lephone Company, two sims bearing No.8804347242 and 8873869488. They also snatched Black coloured leather purse, identity card and cash of Rs.150/- from possession of the informant. The informant has described full description of the miscreants and he has claimed that after looking he will identify the criminals.

(3.) The witnesses were examined after framing of charge and the learned trial court convicted all the petitioners for the offence, punishable under Sections 394/411 of the Indian Penal Code and passed the order of sentence, R.I for 3 years each for causing offence, punishable under Section 394 IPC and fine of Rs. 5,000/- each of them. The learned trial court also sentenced the petitioners with R.I for 3 years each causing offence, punishable under section 411 IPC and fine of Rs.5,000/- each.