CHUNESHWAR SAI @ CHUNNU SAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has challenged the judgment of conviction under section 302/34 IPC and under section 380/34 IPC dated 07.03.2002 and the order of sentence of RI for life under section 302/34 IPC and R.I. for four years under section 380/34 IPC dated 13.03.2002 passed by the learned Sessions Judge, Lohardaga in Sessions Trial No. 409 of 1998/ 36 of 1998.

(2.) Vide order dated 04.01.2005, the sole appellant, namely, Chuneshwar Sai alias Chunnu Sai has been granted bail by this Court.

(3.) The prosecution case as disclosed by the informant Lurku Mahto in his fardbeyan recorded on 16.01.1998 is that in the night of 15.01.1998, at about 9 p.m., he heard knocking on his door and, thereafter, the miscreants entered his house. They threatened him not to raise alarm. They confined him and his brother, namely, Chulku Mahto in a room and tied their hands. The informant has further stated that the miscreants took him and his brother to the river-side in the Jungle where they released him on the condition that if he pays Rs. 10,000/- his brother would be released. The informant claims that there were six miscreants, one of them was his co-villager, namely, Chhunu Sai, the appellant. He has also stated that they have looted Rs. 5000/- from his house.