JUDGMENT :

Heard through Video Conferencing

Heard Mr. Pradip Kumar Prasad, the learned counsel appearing on behalf of the appellant as well as Mr. Tarun Kumar, the learned APP for the State.

2. The present criminal appeal is preferred against the judgment of conviction dated 20.05.2010 and the order of sentence dated 01.06.2010 passed by the learned Additional Sessions Judge, Fast Track Court IX, at Giridih in Sessions Trial No. 407 of 2007, whereby and whereunder, the appellant was found guilty and convicted for the offences under section 395 of the Indian Penal Code (in short IPC) and sentenced to undergo rigorous imprisonment for a period of six years and a fine of Rs. 2000/- and in default of the payment of fine the convict is further sentenced to undergo S.I. for two months. The period undergone in jail custody was ordered to be set off.

3. The case of the prosecution, in brief, as per the fardbeyan dated 13.08.2006 of the informant Ajay Kumar Baranwal (PW-9) is that in the night of 12.08.2006 at about 9:45 pm he was sleeping in the first floor in the eastern side of room. It is further alleged that mother, sister and children of the informant started raising hulla on which informant woke up and in the meantime one miscreant threatened the informant to open the door. Informant saw from his window that miscreant was giving threatening to the villagers to kill them and one of the miscreant opened fire in the air and hence, out of fear informant opened the door. As soon as the informant opened the door, four miscreants armed with pistols entered into his room and one of the miscreant put country made gun at the informant and told him to provide all the money and ornaments otherwise they would kill him. Thereafter, the informant gave Rs. 3,000/- in cash to the miscreants and a Nokia mobile of Model 1600 and Sim Card No. 9431538764. It is further alleged that miscreants over powered the informant and the members of the informant’s family. Miscreants broke open box and suitcase and looted gold mangtika of the informant’s wife and mother. They also looted gold chain, silver payal and 22-23 silver coins, silver pot. Miscreants also looted Rs.7,000/- in cash from the suitcase of the informant’s mother, Rs.5,000/- in cash from drawer of the shop and looted gold ear-ring of informant’s mother Shanti Devi from her ear. It is further alleged that the miscreants looted Rs. 15,000/- in cash and the ornaments of value Rs.35,000/-. The miscreants also compelled the informant to get the door of Govind Modi opened. It is further alleged that miscreants entered into the house of Govind Modi from roof. The dacoits came out from the house of Govind Modi alongwith Pintu @ Dilip Kumar Bharti and in the meantime the police jeep came and the dacoits started fleeing away but they left two motorcycles at 100 yards east of the informant’s house out of them one motor cycle was Hero Honda Passion Plus, Silver in colour bearing registration No. JH 02E-6018 and another motorcycle was Hero Honda splendor red in colour, without number. One country made pistol loaded with live cartridges and one optical was also recovered from the roof of Govind Modi which was left by the dacoits. It is further alleged that the tool box of motorcycle Passion Plus was opened in presence of police from which owner book, photocopy of insurance paper and servicing-book were recovered in which the owner of the motorcycle was stated as Ranjeet Kumar Yadav, son of Basudeo Yadav of village-Furka, Post-Deokuli, Ichak, Hazaribag. Dilip Kumar Bharti also disclosed that the miscreants looted ‘Sonata’ watch, one gold chain, gold mangtika, two gold ring, gold tabij and cash of Rs.14,500/-,the total value of belongings as well as cash about Rs.35,000/- were looted from his house. It is further alleged that one watch written ‘Sono quartz’ on it of golden colour was found on the spot. Informant further stated that seizure list of the recovered items were made in his presence on which Govind Mod