ASHOK YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned counsel for the appellant.

(2.) The sole appellant has preferred the present appeal against the judgment of conviction and order of sentence dated 26.11.2010 and 27.11.2010 respectively passed by the learned Additional Sessions Judge, F.T.C.-3rd, Banka in Sessions Trial No. 16 of 2010, whereby after having convicted the appellant, under Section 395 of Indian Penal Code, sentenced him along with one Sattan Yadav to undergo rigorous imprisonment for a term of seven years and also to pay a fine of Rs. 5,000/- for committing offence and in default of payment of fine to further undergo sentence of six months.

(3.) The brief fact giving rise to the present case is that informant Mahendra Paswan, PW-7, got recorded his self statement before the police narrating the occurrence of dacoity committed in the brick kiln, alleging that in the night of 19.09.2009, he was at the brick kiln along with guard Naresh Yadav (PW-5), another guard Basudeo Yadav (PW-1) , Munshi, Kashi Nath Pandit (PW-4) and Puran Tanti (not examined in this case), while they were slipping around 11:00 O'clock in the night, 10-12 miscreants, all of a sudden, turned up there armed with lathi and danda assaulted them and on the point of pistol asked them to give money. The informant out of fear handed over cash of Rs. 6,050/- and one Nokia mobile of model-1600 with SIM No. 9939556061 and another Nokia mobile of model-1200 with SIM No. 9631803345, and also looted Nokia mobile of model-1200 from Naresh Yadav (PW-5) with SIM No. 9162160569, two other mobiles kept for charge bearing nos. 9939381192 and 9199196475 and one inverter, wrist watch and some utensils were taken by the miscreants. The guard of the brick kiln namely Naresh Yadav (PW-5) identified some miscreants and named them as Ashok Yadav, Bimal Yadav, Satan Yadav, Jhupar Pujhar, Dahru Khaira and claimed to identify rest others after seeing them.