Amareshwar Sahay, J. - (1.) THE present appeal has been preferred by the sole appellant - Lutru Lohara against the Impugned Judgment dated 04.10.2002, passed by the Additional District and Sessions Judge, Lohardaga in S.T. No. 184 of 1997, whereby, the appellant has been held guilty for committing offence under Section 392 of the Indian Penal Code and has been sentenced to undergo R.I. for seven (7) years.
(2.) THE Sole appellant was charged under Section 395 of the Indian Penal Code for committing dacoity in the house of the informant and two others in Village - Barhi Chowk, P.S. - Senha, District - Lohardaga along with seven other. One Chamru oraon (P.W. -4) lodged a Fard Bayan on 12.02.1996 alleging therein that on the previous night, he was sleeping with Mahu Oraon, Balak Oraon, Huna Oraon and Rama Oraon in his Hotel situated at Barhi Chowk. In the mid night, at about 12:30 A.M., he woke up on hearing some sound. He saw that some persons were flashing torch and had entered in the Hotel. Those miscreants tied the informant: and others sleeping there and asked about owner of the Hotel. On receipt of reply that the owner was not there, they demanded money whatever was there in their possession. One of the miscreants took out a sum of Rs. 850/ - from the pocket of the informant and Rs. 20/ - to 30/ - from others. They also looted sweets kept in the Hotel and a sword and a lathi from the said Hotel. After completing loot in the Hotel, the miscreants went to a nearby grocery shop of one Parmeshwar Oraon and after 15 minutes, they again came back to the Hotel. The mother of Bajrang Mahto (P.W. -2) started raising alarm on which, the villagers assembled there and then the miscreants fled away.
(3.) THE informant alleged that the miscreants were seven (7) in numbers and were all aged in between 20 - 25 years, dressed in Sweaters, Jackets, Pant etc.... The two of them were of short height and five were tall, lean and thin and were speaking Hindi. The wife of Parmeshwar disclosed that the miscreants looted Golden Nose Pin worth Rs. 1,000/ -, Silver Payal, Radio, H.M.T. Watch, 10 Pcs. Lux Soap, 10 - 12 Packet of Biscuits and Three Tray of Eggs from the house of Diwakar Mahto. They also looted One Tape Recorder and One Silver Ornament worth Rs. 1,000/ -. In course of fleeing away, the miscreants left a pair of shoes which the informant kept in his possession. On such report made by the informant, the Police registered a case under Section 395 of the Indian Penal Code against seven unknown persons.;