- (1.) Heard learned counsel for appellants and learned counsel for the State.
(2.) THE case is directed against the conviction and sentence dated 27.9.2001 passed by Sri Ramanuj Narayan, 7th Additional Sessions Judge. Palamau in S.T. No. 439 of 1995 by which judgment, he found both the appellants convicted under Section 395 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years. It appears that the instant case is started on the basis of fardbeyan given by the informant Rakesh Kumar to the police stating therein that on 29.8.1989 at about 9:15 hours, ten dacoits committed dacoity in his house. They took away ornaments of his mother, three wristwatches, tape recorder, one gun, catridges and some cash from the house of the informant. The informant identified two dacoits, namely, the appellant Ashok Ram and Shambhu Singh in the light of lantern. The informant has given description of other unknown dacoits but none of them were apprehended.
(3.) THE police after investigation submitted charge -sheet against these two appellants Ashok Ram and Shambhu Singh and one other accused Yogendra Ram. Since, the case was triable exclusively by the Court of Sessions, hence the Judicial Magistrate after taking cognizance of the case, committed the same to Sessions. The case was tried by Second Additional Sessions Judge. Palamau, who found the appellants guilty and acquitted Yogendra Ram.;