Hari Shankar Prasad, J. - (1.) Both Criminal Appeal Nos. 104 and 106 of 1996 (R) have arisen out of same judgment and order of sentence dated 27.11.1996 passed in Sessions Trial No. 392/97 under Ss. 395 and 412, IPC, are being disposed of by this common judgment. Both the appeals are directed against the judgment dated 27.11.1996 passed in Sessions Trial No. 392 of 1987, whereby the Ist Additional Sessions Judge; Gumla held the appellants guilty under Ss. 395 and 412, IPC. Appellant Fedrik Minj (in Cr. Appeal No. 104/96) was found guilty under Sec. 395, IPC and was sentenced to undergo RI for seven years and also to pay a fine of Rs. 500/ -. Other appellants Ernious Ekka, Sunil Ekka, Kamil Lakara and Tintus Ekka were held guilty under Sec. 412, IPC and they were sentenced to undergo RI for five years and to pay a fine of Rs. 500/ -.
(2.) Prosecution case in brief is that one Sharan Ohdar (informant) gave a fardbeyan on 8.8.1996 that he worked as Khalasi at Tudurma and reside in the house of Moti Lal Sao as a tenant. On the previous night i.e. 7.8.1996 at about 9.00 p.m. while he was in his room after having his supper, some one knocked at his door and on his query, replied that they came to purchase biscuits but informant refused to open the door. They broke the door and forced their entry inside the room. The persons, who had entered the room were four in number and were carrying bhujali, knife, balua and have torch with them. They went to the room of Mannu Sao and demanded money from him but on pointing out by Manu Sao that the money is in the box, they broke upon the box and looted away the belongings. Thereafter they fled away locking the door from outside. After they left the place with the booty, then informant and Manu Sao raised alarm and people in the neighbourhood started assembling there. The marauders had removed belongings from a small box. The culprits appeared to be Lhe tribal in appearance and were dressed in lungi and Turban and were short in stature and dark complexioned'. They were talking in Hindi as well as in Tribal language amongst them. Out of the looted articles, some articles were recovered and were put on TI parade and were identified by the witnesses. Further, some of the suspects when arrested, were put on TI Parade and were identified by the witnesses. The case was earlier registered under Sec. 392, IPC but later on police submitted charge -sheet under Sec. 395/412, IPC.
(3.) From the trend of statements of the appellants recorded under Sec. 313, Cr PC and from the trend of cross -examination of the witnesses, defence has taken a plea of false implication. On the basis of evidence, both oral and documentary, the learned trial Court came to the finding and held the appellants guilty and convicted them as aforesaid.;