Anil Kumar Choudhary, J. - (1.) This criminal appeal is directed against the Judgment of conviction dated 13.12.2005 and order of sentence dated 14.12.2005 passed by the learned Additional Sessions Judge (F.T.C.), Latehar in Sessions Case No.135 of 2004 whereby and where under the sole appellant has been found guilty and convicted for the offences under Section 396 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life, under section 397 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years and also under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years with fine. All the sentences have been ordered to run concurrently.
(2.) The prosecution case instituted on the basis of the fardbeyan of Army cadet Nagendra Kumar Patel recorded on 07.05.2004 at 18:45 hours at Daltonganj Railway Station Platform No.1, is that on 06.05.2004 at about 03:00 o'clock the informant along with his friends Brajesh Kumar Sharma, C squadron 3 Troop along with L.D. H.S.Dubey boarded the general compartment of TATA-HATIA-PATHANKOT Express Train bearing train No.8101 Up bearing compartment No.958408/A (General) at Ranchi to visit their respective homes in vacation. At about 10:00 p.m. when the said train was leaving 'Tori' railway station, some passengers of the said general compartment locked the doors. When the train was in slow motion, two G.R.P. Constables of escort party hanged at the door of the compartment and started knocking the door to open it but the miscreants present in the compartment were not opening the door. When the train got accelerated; on the request of the passengers the miscreants standing near the door all of a sudden opened the door and after pulling both the constables inside, assaulted them with iron rod and other weapons and fire arms. In the meantime about 20-25 miscreants armed with country made pistols, iron rods and other deadly weapons started looting the cash and other belongings of all the passengers. The miscreants attempted to snatch the bag of his friend H.S. Dubey sitting in lower seat. When H.S. Dubey objected; one of the miscreants assaulted him and another miscreant shot at him from country made pistol causing him grievous injury. Thereafter the miscreants snatched the bag of his friend along with the bag of the informant containing cash of about Rs.15,000/- and other items. Then by vacuuming brake, the miscreants stopped the train nearby Chetar Railway Station and fled away. The informant subsequently came to know from other passengers that the miscreants looted jewelry, cash etc. from one lady passenger Indu Devi, male passengers namely Umesh Pandey, Jitwahan Mahto, Jageshwar Barai and other passengers and that the GRP constable shot dead by the miscreants was Kailash Prasad Yadav and the injured GRP constable was Basuki Yadav- whom the miscreants left presuming to be dead and that the miscreants looted the two rifles and bullets of the said GRP constables. The informant narrated the description of the miscreants seen by him and other passengers in the light of bogie and has claimed to identify them subsequently. On the basis of the fardbeyan, Barkakana Rail P.S. Case No.19 of 2004 dated 07.05.2004 under Sections 396, 397 of the Indian Penal Code and Section 27 of Arms Act was registered against 20-25 unknown accused persons and investigation was taken up. During investigation the appellant was arrested wherein he has confessed his guilt and his involvement in the aforesaid occurrence. After investigation, the police submitted charge-sheet against the nine suspected accused but only one accused i.e. the appellant, was arrested.
(3.) After commitment of the case to the court of Sessions, charge was framed against the accused appellant for the offences punishable under Section 396 and 397 of the I.P.C. and under Section 27 of Arms Act. Upon the accused-appellant pleading not guilty and claiming to be tried, he was put to trial. In support of its case the prosecution altogether examined 18 witnesses and proved several documents which have been marked exhibit 1 to 17. However the defence did not choose to examine any witness or to prove any document.;