AMARESHWAR SAHAY, J. - (1.) BOTH the criminal appeals arise out of the same impugned judgment dated 26/02/2004, passed by the passed by the Additional Judicial Commissioner, F.T.C. - IX, Ranchi in Sessions Trial No. 303 of 1982 and, therefore, they were taken up and heard together and are being disposed of by this common judgment.
(2.) BOTH the appellants and one another namely Devendra Hazam were charged for the offence under Section 395 I.P.C. for committing the dacoity on 23/24 -05 -1979 23/24 -05 -1979 in village Kulsud on Ranchi -Purulia Road, P.S. - Silli, District - Ranchi. The appellants Hari Sao (in Cr. Appeal No. 477/04) and Murli Modak (in Cr. Appeal No. 410/04) were further charged for the offence under Section 412 IPC for dishonestly receiving or retaining stolen property knowing or has reason to believe that the same was transferred by commission of dacoity. The learned trial court by the impugned judgment dated 26/02/2004 in Sessions Trial No. 303/1982, passed by the learned Additional Judicial Commissioner, Fast Track Court -IX, Ranchi, acquitted the third accused Devendra Hazam for the charges under Sections 395 IPC. However, the appellant Hari Sao was found guilty for the offence under Sections 395 and 412 IPC whereas the appellant Murli Modak was found guilty for the offence under Section 412 IPC only. Both the appellants were convicted for the said offences. The appellant Hari Sao was sentenced to undergo R.I. for a period of ten years for the offence under Section 395 IPC and he was further sentenced to undergo R.I. for a period of ten years for the offence under Section 412 IPC. However, both the sentences were ordered to run concurrently. The appellant Murli Modak was sentenced to undergo R.I. for a period of ten years for the offence under Section 412 IPC. The prosecution case in short is that in the night of 23/24 05 -1979 23/24 05 -1979 , the informant Nagina Singh (PW -2) started from Ranchi driving truck No. BRV -2711. The said truck was loaded with Potato. When the truck reached at village Kulsud, P.S. Silli, at about. 11.00 P.M., he saw that the diversion road was blocked by a big piece of wood. Khalasi Bhudeo Rajwar and the owner of the Potato namely, Footan Koeri (PW -9) were also in the truck. Five persons came near the truck armed with Sword, Dabla and Pistol. The accused persons broke open the glass of the truck and demanded money from the driver. The informant gave Rs. 60/ - to them. Thereafter, they entered into the truck and snatched wrist watch from Footan Koeri and also snatched Rs. 5/ - from Khalasi Bhudeo. One two shell torch and two towels were also taken away by the miscreants. From the driver of the truck bearing No. WGW -1481 they took away Rs. 80/ - and a watch. They also looted one HMT Sona wrist watch from Kamlesh Bhagat.
(3.) THE defence case is of total denial of the occurrence and of false implication.;