D.P.SINGH, J. - (1.) SINCE all the appeals, arise out of common judgment, are herd together and are being disposed of by this common judgment.
(2.) ALL these appeals are directed against the judgment of conviction and order of sentence dated 16.5.2002 and 17.5.2002 passed by 3rd Additional District and Sessions Judge, Dhanbad in Sessions trial No. 111/92/468/93, whereby and whereunder the learned Additional Sessions Judge held all the appellants guilty under Sections 395 Indian Penal Code and sentenced them to undergo RI for five years and a fine of Rs. 1000.00 each and in default of payment of fine to undergo SI for six months. The brief facts leading to these appeal are that in the evening of 24.11.1990 the informant Ramesh Singh was inside his house when he heard the sound of knocking on the door. It is further stated that somebody was asking to open the door, on which he opened the door to receive unwanted guests. According to him, 8 -10 dacoits, armed variously, entered into the house and forced him to stand in a corner on the point of revolver. It is further stated that four of the dacoits went inside the house and started assaulting his younger brothers asking for money, ornaments as well as key of the Godrej almirah. As further stated, thereafter the dacoits took away Rs. 60,000.00 in cash, 30 bhars of golden ornaments, one licensee rifle bearing No. 87 -AB - 2682/IOF and some other valuables. He was further robbed his money bag containing Rs. 1000.00 . The dacoits thereafter went out of the house and closed the door. However, during this period one of the dacoits, who was further searching almirah, remained inside. The informant thereafter closed the door from inside and blocked the way of the dacoit. The dacoit threatened him with country made pistol and further pressed the trigger. However, the pistol could not fire and in the meantime all the house inmates caught the dacoit The informant further raised alarm, on which neighbours arrived, in whose presence the dacoit disclosed his name as Aslam @ Goitha, son of Nizam Mian of Shamsher Nagar, P.S. Jhalida, district Dhanbad. The informant further mentions that the arrested dacoit disclosed the names of 7 other dacoits including the appellants. In the meantime police arrived, recorded the statement of the informant, PW 1, on the basis of which Dhanbad Sadar P.S. Case No. 218/90 was registered under Sec.395 Indian Penal Code against the named accused persons.
(3.) THE police started investigation and finally submitted charge sheet bearing No. 1391 dated 25.3.91 after arresting five dacoits and showing three absconders. The accused persons in custody were committed to the court of sessions where they were put on trial after framing of charge on 25.7.95. During trial one Md. Haidar confessed his guilt and was sentenced to serve RI for seven years on 25.7.98. Another charged accused Md. Wahid jumped bail and absconded. Remaining five accused persons, Kallu Mian, Ayub Ansari, Md. Salim, Abdul Matin and Md. Jainul charged under Sec.395 Indian Penal Code, pleaded not guilty and claimed false prosecution. Appellants Ayub, Abdul and Jainul were charged under Section 412 Indian Penal Code on 2.2.2000 for possessing the looted rifle, later on recovered by the police, vide Dhanbad Sadar P. S. Case No. 173/93 dated 12.5.93, on confession of Wahid the looted rifle was recovered from the possession of Matin. The learned trial court, by order dated 16.5.2002, acquitted appellants Matin, Jainul and Ayub from charge under Sec. 412 Indian Penal Code but found and held all the appellants guilty under Sec.395 Indian Penal Code and sentenced them as aforesaid.;