- (1.) THIS appeal is directed against the judgment of conviction dated 30.3.2005 and order of sentence dated 01.4.2005 passed by the then Additional Sessions Judge (Fast Track Court) Sahibganj in S.C. No. 168/03 whereby and whereunder, the court having found the appellants Sk. Rustam and Sk. Khalil guilty for committing dacoity in the train and also for retaining the stolen property convicted them for the offences punishable u/s. 395 and u/s.412 of IPC and sentenced them to undergo imprisonment for life for the offence u/s. 395 of IPC and further to undergo rigorous imprisonment for 10 years for offence u/s. 412 of IPC. Both the sentences were ordered to run concurrently.
(2.) IT is the case of the prosecution that on 01.05.2002 Train No. 816 DN left Jamalpur in the morning for coming to Sahibganj. The guard of the train was Yamuna Prasad Yadav, the informant (P.W. 6). In the guard bogie one guard of a goods train Ram Prawesh Singh (P.W.2), a courier peon Muneshwar Ram (P.W. 4) and a parcel clerk Ranjan Kr. Jha (P.W. 7) were also there. The informant used to collect the proceeds of sale of tickets from different stations which were being kept in an iron box, kept in the said bogie of the train. At Sheonarainpur station, one Jamil Ali (P.W. 5) the station master gave a sum of Rs. 83,512.00/ -containing in a bag which was kept in iron box. At Pirpainti station also Raj Kumar Singh, P.W. 1 the station master deposited the cash. Those money collected from different stations was kept in iron box. When the train reached to Mirzachouki Railway Station, station master of Mirzachouki also gave the proceeds of the sale of the tickets which was kept in the iron box. As soon as the train left platform at 1.36 pm four persons from the side of platform and three persons from the opposite side boarded in the guard bogie and remained standing near the door. Inspite of they being asked to come inside, they remained standing when the train crossed the platform they came near the informant and on the point of pistol asked the informant Yamuna Prasad Yadav, P.W. 6 to open the lock of iron box. When the informant refused to open the lock on the plea that the key is not with him the accused persons by pulling iron chest brought it near the gate and pushed it down. Thereafter they got the train stopped by releasing the vacuum pressure. After they got down they asked the informant to take the train ahead. When the train came to Karam Tola station, the informant informed about the incidence. When train reached to Sahibganj station information was given to Head Quarter and at the same time the GRP was also informed. On getting information when SI N.K. Mishra came to platform No. 1 he recorded the fardbeyan (Ext. 6) of the informant who made the statement to the effect as has been stated above on the basis of said fardbeyan a formal FIR (Ext. 7) was drawn against unknown.
(3.) THE matter was taken up for investigation. During investigation when some clue was received, the I.O. arrested these two appellants as well as Sk. Islam and Bipin Sharma @ Bugli. They are said to have made their confessional statements. In course of the investigation iron box was recovered which was seized under seizure list (Ext. 2). That apart a sum of Rs. 8500/ -was recovered from the house of one Md. Munna (DW -1). That money was taken to be looted amount on account of the fact that no satisfactory explanation was given by Md. Munna who happens to be a relative of Sk. Rustam. A sum of Rs. 2100/ - had been recovered from the possession of appellant Md. Khalil but there does not appear to be any evidence, whatsoever, of recovery of Rs. 2100/ - from the possession of Sk. Khalil.;