JILA TIGGA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By way of filing this petition, the petitioner has challenged the judgment of conviction and order of sentence dated 26.3.2018 passed by the learned Chief Judicial Magistrate, Simdega, in G.R. No. 62/2012, arising out of Kolebira P.S. Case No. 13/2012, whereby, the petitioner has been convicted for the offence under Sections 392, 411, 414 of the Indian Penal Code and Section 25(1-B)a 26/35 of the Arms Act and sentenced him to undergo R.I. for 5 years and fine of Rs.5,000/- under Section 392 IPC and undergo R.I for 03 years along with fine of Rs.2,000/- under Section 411 and 414 IPC and undergo R.I for 03 years along with a fine of Rs.5,000/- under Section 25(1-B)a/35 of the Arms Act and undergo R.I. For 5 years along with a fine of Rs.5,000/- under Section 26/35 of the Arms Act and in default of payment of fine, the petitioner has further been directed to undergo R.I for six months in default of payment of fine separately as well as for setting aside the judgment of confirmation passed in Cr. Appeal No. 25/2018 by the learned Principal Sessions Judge, Simdega.

(2.) The prosecution case is based upon fardbeyan of one Rajendra Prasad, recorded by Officer-in-Charge, Kolebira Police Station on 11.2.2012 stating therein that when he went to Larwa Market and was purchasing mahuwa and Urad, at about 11:30 a.m, three miscreants came to him riding on one black colour Hero Honda Passion Pro motorcycle without having any registration number, one of the miscreants pointed pistol on his temple and demanded money bag from him, due to fear he handed over money bag to them containing Rs.4,000/-.The miscreants started fleeing away towards Ranchi. Police came and chase was made. During chase, the miscreant lost balance of the motorcycle and dashed in a tree. All three miscreants fell down. Two of them started fleeing away in injured condition towards Aghrma. One miscreant died on the spot. On search one loaded country made pistol of 12 bore was recovered from the possession of accused Somra Mahto and cash of Rs.4,410/- of different denomination and one live cartridge of 12 bore was also recovered from the possession of the present petitioner. Thereafter a seizure list was prepared.

(3.) After closure of the investigation, the chargesheet was filed. The Court below took the cognizance for the offence under Sections 392, 411, 414, 279 and 304-A of the IPC and Sections 25(1-B) a/26/35 of the Arms Act. As the petitioner claiming not guilty, he along with others were put on trial after framing of charge. The prosecution has examined altogether 11 witnesses, which are as follows;