RATNAKER BHENGRA,J. - (1.) These Criminal appeal is directed against the judgment of conviction and order of sentence dated 4.2.2003 passed in .S.T No. 41 of 2002 by the learned Additional District Judge, (FTC), Seraikella whereby the appellants above named have been convicted for the offence punishable under section 395 of the Indian Penal Code and sentenced to undergo R.I. for seven years and fine of Rs. 5000/- each and in default of payment of fine they will undergo imprisonment for one year.
(2.) The prosecution case, according to the Fardbeyan of Shanti Devi (P.W 4) in brief is that on the night of 13th/14th February, 1999 the informant along with her children were sleeping in her house at Dhirajgunj, Adityapur. At about 12 A.M at night she heard sounds of breaking near the door of the house, she raised alarm. It is further alleged that the informant and her children tried to keep the door closed to prevent the entrance of the culprits but the unknown culprits broke open the door and entered the house. The four culprits who entered into the house were armed with dagger (Chhura), two accused were standing near the door of which one was armed with dagger and other accused was armed with pistol and had detained her tenants near the door. The informant identified one of the culprits to be elder son of one Janki Singh of same village Dhirajgunjj, who had earlier come to her house to demand chanda of Saraswati Puja and other culprits were also residents of Dhirajgunj. It is further alleged that culprits assaulted the daughter of the informant, her son and informant by means of slaps (lappar thappar) and chhura and one of the accused put dagger to the neck of her daughter and pressed her neck and informant also sustained injury on her stomach and hand. It is further alleged that two culprits also entered into the house of her tenant Rajukumar Mukhi and started assaulting him. It is alleged that the person who assaulted the informant was elder son of Janki Singh. It is further alleged that the culprits wanted to know the whereabout of the husband of informant. It is further alleged that the culprits looted away a box in which a sum of Rs. 2200/- along with gold earrings measuring 8 aana, two pairs of Chandi payal was kept. It is alleged that the culprits also looted away two suitcase and a watch belonging to tenant Rajkumar Mukhi and there after they fled away. The motive of the occurrence as alleged in the fardbeyan of the informant is that on the last Saraswati Puja the son of Janki Singh came to demand chanda for Sraswati Puja which was denied by the husband of informant therefore they committed the alleged offence.
(3.) On the basis of the Fardbeyan of the informant Shanti Devi (P.W.4) Adityaapur P.S Case No. 21 of 1999 corresponding to G.R case No. 76 of 1999 was registered against the accused persons under sections 147/148/149/380/452/323/324/307 of the Indian Penal Penal Code. The police investigated the case and after investigation chargeseet was submitted against the accused persons including these appellants under sections 147/148/149/380/452/323/324/307 of the Indian Penal Code. The case was committed to the court of sessions and charge was framed against the accused persons including the appellants to which the appellants pleaded not guilty and claimed to be tried.;