- (1.) THIS appeal at the instance of the appellant above named is directed against the impugned judgment and order dated 28.4.1994 and 29.4.1994 respectively passed in Sessions case No. 14 of 1990 by Shri Dinesh Narain Pathak, 6th Additional Sessions Judge, Dumka whereby and whereunder the appellant was found guilty for the offence punishable under Section 412 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for ten years. However, this appellant along with co -accused Jatan Hembram were acquitted for the offence under Sections 394 and 397 of the Indian Penal Code.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of PW 1 Shashi Giri, the driver of truck bearing Registration No. BPR -9331, recorded by S.I. Jagarnath Mishra of Gopikander PS on 21.1.1988 at 21.00 hours on the bridge of Dumka -Amarapara Road in front of village -Gamaharia regarding the occurrence which is said to have taken place thereon that very day at 12.45 hours. According to the prosecution case, the informant was proceeding for Barbadda, Jharia from Maheshpur Raj in the District of Sahebganj with the said truck loaded with 121 bags of rice and he was passing through Dumka -Amarapara Road and when he reached near the bridge in front of village -Gamaharia, he found the road blocked by putting boulders and he stopped the said truck there and dacoits came there armed with bhala, lathi, tangi and arrow and they have committed dacoity of Rs. 300/ - of the informant besides his driving license and Eveready two -cell torch as well as HMT wrist watch of Parmeshwar Jha, the Khalashi of the said tuck. It is also alleged that the dacoits have also mitted dacoity in the other tuck bearing Registration No. BRL -8230 and they have taken away about Rs.1200/ - from the said truck. The prosecution case is further that the dacoits escaped away from there finding a motorcycle and a Jeep coming towards the place of occurrence.
(3.) IN course of investigation, the appellant was apprehended and he produced government currency notes worth Rs. 140/ - before the I.O. as per Ext. 5 and he was booked in this case.;