KISHORI PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) These criminal appeals are directed against the judgment of conviction dated 17.01.2006 and order of sentence dated 19.01.2006 passed by Sri Rajesh Kumar Pandey, Addl. Sessions Judge, Fast Track Court-VI, Hazaribag, in Sessions Trial No.246 of 2003 whereby and whereunder the appellants have been convicted for the offences under Sections 395/412 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for seven years for the offences under Section 395 of the Indian Penal Code along with fine of Rs.2,000/- each and have been further sentenced to undergo simple imprisonment for five years for the offence under Section 412 of the Indian Penal Code along with a fine of Rs. 1,000/ each, except appellant-Ram Kripal Pandey. Both the sentences were directed to run concurrently.

(3.) The prosecution story, as unfolded in the first information report dated 19.12.2002 is that in the intervening night of 18/19 of December, 2002, when the informant namely Fagu Thakur was sleeping at his Varandah, he heard sound of footsteps and thereafter two persons namely, Tripurari Pandey and Kishori Pandey along with 8 to 10 unknown miscreants entered and captured him. The informant has been beaten badly and he has become unconscious. The miscreants have looted some ornaments and Rs.60,000/- from the house. Thereafter, they locked the house from outside which has been subsequently opened by P.W.2-Saryu Thakur.