- (1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 15.07.2006 and 17.07.2006, respectively, passed by the Learned Additional Sessions Judge, F.T.C. Koderma, in connection with Sessions Trial No. 367 of 1995, corresponding to G.R. Case No. 752 of 1994, arising out of Koderma P.S. Case No. 298 of 1994 whereby the appellant has been held guilty for the offences punishable under Sections 395 and 412 of the I.P.C and sentenced to undergo rigorous imprisonment for life under Section 395 of IPC and also to pay a fine of Rs. 5000/ -, in default of payment of fine, further rigorous imprisonment for six months. He has further been sentenced to undergo rigorous imprisonment for ten years under section 412 IPC and a fine of Rs. 5000/ - and in default of making payment of fine, further six months rigorous imprisonment. Both sentences so passed shall run concurrently.
(2.) The prosecution case, according to the Fardbeyan of Md. Shalauddin recorded on 02.12.1994 at about 12:15 hours at Koderma Ghati, in brief, is that the informant happens to be the driver of bus bearing registration No. BR.2P -9055. The aforesaid bus was looted by the dacoits at Koderma Ghati. The miscreants have looted the passengers and fled away towards forest. The matter was brought to the notice of the police patrolling party who chased the miscreants and succeeded to apprehend the appellant and looted articles have been recovered. During investigation, names of other dacoits transpired and they were also brought on record. The police, after due investigation, submitted charge -sheet under Sections 395 and 412 of the I.P.C. against the appellant and other accused persons and they were put on trial.
(3.) In course of trial, the remaining accused, who had been charged, absconded as a result judgment was pronounced only against the appellant and he has been held guilty under Sections 395 and 412 of the I.P.C. and sentenced, as indicated above.;