ORDER :

1. This appeal is directed against the judgment of conviction and order of sentence dated 21.05.2004 passed by the learned Additional Sessions Judge-II, Rajmahal in Sessions Case No. 121 of 1999 and Sessions Trial No. 171 of 2002, in connection with Taljhari P.S. Case No. 49 of 1996, corresponding to G.R. Case No. 399 of 1996, Rajmahal, Jharkhand, whereby and where under the learned trial court convicted the appellant for the offences punishable u/Ss.341, 326 and 394 of the Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and sentenced him to undergo rigorous imprisonment (hereinafter referred to as the R.I.) for 5 (five) years u/s 326 of the I.P.C., further sentenced to undergo R.I. for 5 (five) years under section 394 of the I.P.C. and simple imprisonment (hereinafter referred to as the S.I.) for one month u/s 341 of the I.P.C. and all the sentences were directed to run concurrently.

2. The prosecution case as per F.I.R. (Ext.2) in brief is that on 16.09.1996 at about 7.30 pm, informant Nandu Mohali was going to his house which was situated in village Purato within P.S. Taljhari, District-Sahibganj from his Aunt’s house. The informant was having a plastic bag