- (1.) This appeal is directed against the judgment of conviction and or- der of sentence dated 2-12-2000 passed in Sessions Trial No. 167 of 1984/68 of 1990, whereby and whereunder the learned Additional Judicial Commissioner, Lohardaga held the appellants guilty under Sections 395 IPC and convicted and sentenced them to undergo RI for five years.
(2.) The brief facts leading to this appeal are that in the evening of 8th June, 1983 the informant Khadia Bhagat, PW 3, was resting in his house situated in village Rorad Chhapartoli, P.S. Kisko, District Lohardaga, when at about 7 PM he found some miscreants inside his house having gun and armed variously. It is further stated that the miscreants caught hold of him and tied his hands and threatened him to kill if he did not disclose where the money was concealed. He identified one of the miscreants as Fulchand as other miscreants were concealing their face. Thereafter his father and mother were also threatened and were forced to disclose where about of the money. The miscreants looted away Rs. 1000/- from the house of the informant. According to the informant, accused Fulchand also threatened him to kill and left the house after taking away clothes, ornaments and utensils. The house inmates did not raise any alarm out of fear. However, when the miscreants left the house, after half an hour they raised alarm, on which villagers assembled. The informant could not report the matter immediately because of treatment of his father.
(3.) This matter was reported to Kisko police on 11th June, 1983 in which he named accused Fulchand Minz and other unknown to have committed dacoity in his house. The police investigated the case and finally submitted chargesheet against 8 accused persons, out of which records of two accused were split up and six were put on trial after being charged under Section 395 IPC. Accused Rajmohan Bhagat further charged under Section 412 IPC for the alleged recovery of Fulpant belonging to the informant. The trial Court after examining the witnesses found and held three of the accused facing trial not guilty but convicted the appellants along with Fulchand Minz @ Lachhu Bhagat guilty under Section 395 IPC and sentenced them to serve RI for five years. The said Fulchand Minz @ Lachhu Bhagat has not preferred any appeal and he seems to have remained in custody during the trial itself.;