- (1.) Both the above appeals arisen out of the same judgment were heard together and are being disposed of by this common judgment.
(2.) The two appeals are directed against the judgment of conviction and order of sentence dated 20.01.2003 and 21.01.2003 respectively whereby the learned trial court convicted the two appellants for the offence under Section 395 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for two and half years each.
(3.) The case of prosecution as propounded in the F.I.R. lodged by the informant Raju Choudhary of village Jondiah Nawadih on 21.11.1999 at 0.30 A.M., is that on the last evening at about 6.00 P.M., he along with his Khalashi Jogender Das and a business man Kameshwar Sah proceeded on his Truck bearing no.BR-12A-3955 to purchase potato from Asansol and at about 8.00 P.M. when reached near Sagarubad Bridge, he saw a log of tree lying on the road, whereafter he stopped his vehicle and in the light of the vehicle, he saw six unknown criminals coming towards truck. Out of six criminals, one after opening gate of the driver side entered into the cabin of the truck and after brandishing his pistol directed him to switch off the light of the truck. Another miscreant also entered in the cabin of the truck and sat near him and two of the miscreants having Bhujali and dagger in their hands hang themselves on the gates of both sides and asked him to proceed. When he proceeded on the direction of the miscreants, he found one black Rajdoot motorcycle lying in the road side ditch and almost after going one kilometer, miscreants directed him, his Khalasi and the businessman to come out of the truck. Thereafter, the miscreants entered into the cabin of the truck and looted away Rs.18,700/-, which was kept in cash in the cabin and fled away. It is further alleged that the informant, his Khalasi and the businessman thereafter went to the Palajori Police station and narrated the incidence to the Officer-in-charge B.K.Singh Chouhan of the said Police Station. The informant claimed to identify all the six miscreants and on the basis of the fardbeyan (Ext.- 1), formal F.I.R. was drawn and after investigation, the Investigating Officer submitted the charge sheet against the two appellants and kept the investigation pending against the other accused persons. During investigation, the I.O. had seized one black Rajdoot Motorcycle without number, which was alleged to be used in commission of Dacoity and also seized one Tangi with wooden hand on the basis of confessional statement of one of the appellant Shankar Das. Thereafter, the court took cognizance of the offence and committed the case to the court of sessions. The trial court framed the charges against the two appellants under Sections 395 and 412 of the Indian Penal Code. The appellants had denied the charges pleading not guilty.;