- (1.) THIS appeal has already been admitted by this Court by an order dated 19th December, 2013. Record and proceedings of the Sessions Trial No.292 of 2011 and Sessions Trial No.48 of 2012 was called for from the trial Court to appreciate the argument for suspension of sentence awarded to the appellant -accused.
(2.) THE records and proceeding of the Sessions Trial have been received and we have perused the same and heard both sides at length.
(3.) LOOKING to the evidences on record, it appears that the present appellant (original accused No.5 in the Sessions Trial) has been convicted by 1st Addl. Sessions Judge, Giridih for the offences under Sections 395, 397 and 412 of the Indian Penal Code and is sentenced to undergo rigorous imprisonment for the period of 10 years for the charges under Sections 395, 397 and 412 of the Indian Penal Code and a fine of Rs.3000/ - for the charges under Sections 395 and 412 of the Indian Penal Code and in default of payment of fine, the appellant is further sentenced to undergo simple imprisonment for two month each which runs consecutively. However, all the sentences have been ordered to run concurrently. Looking to the evidences on record, there is a prima facie evidence against this appellant -accused. As the Criminal Appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say that looking to the evidences given by prosecution witnesses, especially PW.3, PW.12, PW.9, PW.11 and PW.13 and also looking to the other evidences on record, it appears that this appellant is prima facie involved in the offences as alleged by the prosecution and it also revealed from the evidences on record that, (a) PW.3 is an injured eyewitness, (b) PW.3 has identified in a Test Identification Parade this appellant -accused, (c) PW.12 is also an injured eyewitness, (d) PW.12 has also identified this appellant -accused in a Test Identification Parade, (e) Looking to the evidences given by PW.9 and PW.11, the Test Identification Parade is also proved and they are Judicial Magistrates, 1st Class, Giridih and the Test Identification Parade reports are Ext.4 and Ext.6. (f) Several incriminating articles have been recovered from the possession of the accused persons and also from the possession of this appellant. There are five accused persons in number and this appellant is one of them. (g) The offence under Sections 395 and 397 read with 412 of the Indian Penal Code has taken place at the house of the informant (PW.12) who is a businessman and several golden articles as well as currency notes were looted by the accused persons. (h) From the possession of this appellant -accused, four currency notes in the denomination of Rs.500/ - and two currency notes in the denomination of Rs.100/ - have been recovered. (i) There are several other incriminating articles recovered from the possession of the co -accused like several currency notes, golden chain, golden "Bala", golden "Churi", golden chain with "Rudraksh" and several other golden ornaments have also been recovered from the house of one of the accused, namely, Dilip Verma, who is original accused No.4 in the same Sessions Trial.;