R.R.PRASAD,J. - (1.) THE appellant, Shambhu Raut was put on trial along with Pagla Mushar and Ashok Sah for the charges under Sections 395 and 412, IPC. The trial Court while acquitting Pagla Mushar and Ashok Sah, found the appellant alone guilty under Section 412, IPC and sentenced him to undergo R.I. for seven years and also to pay a fine of Rs. 2,000/ - and in default of fine the convict was ordered to undergo R.I. for a further period of three months.
(2.) THE case of the prosecution is that on 31.7.1990 at about 8 p.m. when the informant, Rajkumar Singhania (PW 4) returned home and knocked the door of his house, two unknown persons having covered their faces opened the door and attempted to pull the informant inside the house, but the informant succeeded in fleeing away from there and the dacoits, took out Rs. 12,000/ - kept in a bag from the scooter. After sometime, the dacoits came out of the house with the articles looted from the house. The informant as well as his son, Dhananjay Singhaniya (PW 6) chased the dacoits but did not succeed in apprehending them. When the informant returned to his house he found his wife, Pushpa Devi Singhania (PW 13) injured as she was having stabbed injuries in her abdomen inflicted by the dacoits. The dacoits took away a sum of Rs. 1,12,000/ - kept in a bag from the almirah and also snatched away jewelleries of the female folk. Thereafter the informant (PW 4) gave his fardbeyan on 31.7.1990 at about 8.30 a.m. Upon which the case was instituted. In course of investigation, the police apprehended the appellant and were put on T.I. Parade wherein the informant (PW 4) and his son, Dhananjay Singhaniya (PW 6) identified him in T.I. Parade conducted by Awani Ranjan (PW 7), who prepared T.I. Chart, which has been marked as Ext. 4. During investigation, the Investigating Officer, Ram Sharan Yadav (PW 14) also recovered looted articles from the house of the appellant at the instance of the appellant, for which seizure list was prepared. Those articles were also put on T.I. Parade, which was conducted by Uday Shankar Gupta (PW 12) and the looted articles were identified by PWs 16, 17 and the informant (PW 4).
(3.) AFTER completion of the investigation, the police submitted charge -sheet and when the case was committed to the Court of Sessions, the charges were framed, to which accused pleaded not guilty and claimed to be tried.;