JUDGMENT

T. Vaiphei, J.—This Jail appeal is directed against the judgment and order dated 16-3- 2012 passed by the learned Sessions Judge, Lunglei in Crl. Trial No. 14 of 2011 convicting the appellant and the non-appellant under Section 392 IPC and sentencing the appellant to undergo rigorous imprisonment for five years with fine.

2. The case of the prosecution is that on 28-5-2005 at 10 PM, one Lianuka lodged a written ejahar stating that on 28-5-2005 at about 3,30 PM, two miscreants robbed of the late Ngunchungnunga of Hripei village (“the deceased” for short), Myanmar, of Rs. 8,000/- and severely assaulted him at a place called College Veng Saiha. The victim was evacuated to Civil Hospital, Saiha where he succumbed to his injuries on the same day at about 9.30 p.m. On the basis of the FIR, the police registered Saiha P.S. Case No. 126/05 U/s 392/302 IPC duly and investigated the case. On investigation, the police found that on 28-5-2005, when the appellant and the non-appellant, namely, Lalramengliana, proceeded towards N. Colony through the approach road, they met three persons, who were coming from the opposite side, on a bridge and demanded money from the victim and his frie