- (1.) Both the appeals were taken together for hearing and are being disposed of by the common order as they arise out of the same case bearing Sessions Case No. 14 of 1998/157 of 1998. Both the appellants, namely, Md. Sayeed Alam alias Shaheed Alam and Md. Ramjan Ansari and also one accused Subodh Kumar were put on trial for an offence under Section 395 of the Indian Penal Code. However, the learned Sessions Judge found them guilty under Section 392 of the Indian Penal Code and sentenced each one of them to undergo R.I. for 2 years 4 months.
(2.) The case of the prosecution is that one Jitendra Kurmar Bhagat (P.W.3) came to village, Sripur on his Rajdoot Motorcycle bearing Registration No. BR-1OA 1787 along with his friend, Baikunth Prasad for realizing money from some person and after realizing Rs. 6000/- while they were returning reached near a bridge 500 yard away from Godda Parihar Village at 9.15 A.M. they found two persons standing on either side of the road who got their motorcycle stopped by means of rope and in the meantime two other persons came over there and thereafter on the point of a pistol they made the informant and his friend to get down from the motorcycle and snatched Rs. 6,000/-, wrist watch, silver chain, three silver rings from the informant. They also snatched Rs. 3990/- and one black small bag having lungi in it from Baikunth Prasad then all the four by riding motorcycle went away.
(3.) Thereafter the informant (P.W.3) gave his fardbeyan (Ext. 5) before the Officer-incharge of Meharma (Thakurgangti) Police Station, upon which a case was registered under Section 394 of the Indian Penal Code.;