Kailash Prasad Deo, J. - (1.) The instant Criminal Appeals have been preferred against a common judgment of conviction dated 25.06.2003 and order of sentence dated 26.06.2003, passed by learned 8th Additional Sessions Judge, Hazaribagh, in S.T. No. 28 of 2000, whereby the appellants namely Mahender Paswan, Bablu Rabidas, Bhola Rabidas, Charko Sao and Chotu Mahto have been convicted by the learned Trial Court for offence committed and punishable under Section 395 of the Indian Penal Code and awarded rigorous imprisonment for seven years each and Bablu Rabidas and Mahendra Paswan have also been convicted for the offence punishable under Section 412 of the Indian Penal Code and also awarded rigorous imprisonment for five years each, in Sessions Trial No. 28 of 2000, whereas the appellant Jugal Mahto, who has preferred Cr. Appeal (SJ) No. 1119 of 2006 has absconded after recording his statement under Section 313 Cr.P.C., in S.T. No. 28 of 2000 and case has been splited vide S.T. No. 28 (A) of 2000, in which the learned First Additional Sessions Judge, Hazaribag vide order dated 17.06.2006 convicted the appellant, Jugal Mahto for the offence committed and punishable under Section 395 of the Indian Penal Code and awarded rigorous imprisonment for seven years and a fine of Rs. 2000/- vide order of sentence dated 19.06.2006, in default of payment of fine, the appellant, Jugal Mahto will further undergo simple imprisonment for a period of six months. The period already undergone by the appellants are set off under Section 428 Cr.P.C.
(2.) The prosecution case is based upon the fardbeyan of Dineshwar Sahu (P.W. 5), recorded by S.I. R.S.P. Singh of Muffasil police station, on 07.10.1998 at 22.45 hrs. in chapwa jungle, two and half k.m. north, from the village of the informant, in presence of his son, Arun Sahu and other villagers, where the informant has alleged that on 07.10.1998 he left his tea shop, situated at Demotand Road, for dinner at his house and reached his house about 8.00 p.m., as soon as he reached at the door of his house, four persons already present at his door, caught hold of him and took him in the courtyard of the informant's house itself. The informant saw that two persons have already entered into the house having pistol in the their hands, the two persons have surrounded the informant's wife Toshan Devi (P.W. 6), daughter-in-law Hemanti Devi (P.W. 7) and his grandson SriKant Kumar @ Chhotu, aged about nine years, near the kitchen. All the accused persons asked the informant and his family that "they are party men" and they are 60-70 in number. They ordered the family to cook food for all of party men 60-70 in number, who will eat in the informant's house. They asked not to fear. Subsequently, the accused persons took the family into the nearby room of the informant's son, Arun Sahu. Out of these accused persons, five were having pistols and one person was having a dagger and by means of these weapons they were threatening the informant side asking them to give all the articles. The informant side became very frightened and understood, that these persons are dacoits. Two of the dacoits gave threatening by pistol and other four took the keys of the cupboard and took out Rs. 3500/- cash, kept by the informant's son and also took golden ornaments from the box and suit case of his daughter-in-law and other article from the informant's room as mentioned in the fardbeyan. The informant has further stated, that after committing the dacoity the accused persons locked the family members of the informant in the room and took the informant for some distance with them towards the North of his village and thereafter left him in the forest threatening to collect Rs. 50,000/- till 15 October otherwise they will cut the neck of the informant and his son. The informant has further stated, that in the meantime, villagers got knowledge of the incident and on brawl started from their house, upon which the accused persons fled towards the North and the informant came running to his house. It is further stated, that Arun Sahu (son of the informant) and police also reached there. The informant has further stated, that he along with his son, Arun Sahu and police party chased the accused persons and two of the accused persons namely Mahendra Paswan and Bablu Rabidas were apprehended by the police, in the forest. On the disclosure of Mahendra Paswan, certain looted ornaments worth Rs. 40,000/- and a double barrel country made pistol were recovered. On the disclosure, other articles along with cash and a loaded country made pistol has been recovered from the accused Bablu Rabidas, from his vest. The informant has further stated, that on the disclosure made by the apprehended accused, name of the rest accused persons figured in the First Information Report.
(3.) On the basis of the fardbeyan of the informant, Dineshwar Sahu, police registered Sadar Mufassil P.S. Case No. 422 of 1998 under Sections 395 and 412 of the Indian Penal Code and further submitted the chargesheet against all the accused persons vide charge sheet no. 188 of 1998 dated 29.12.1998 under Sections 395 and 412 of the Indian Penal Code.;