- (1.) THIS appeal is directed against the judgment of conviction dated 8th January, 2002 and order of sentence dated 9th January, 2002 passed by Sri Ramanuj Narayan, learned 7th Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 273 of 1990, by which judgment the learned Additional Sessions Judge found the appellant Pradeep Ram guilty under Section 395 of the Indian Penal Code and sentenced him to undergo R.I. for seven years.
(2.) THE prosecution case was started on the basis of fardbeyan given by P.W.1 Rajmani Tiwary stating therein that in the night of 6.8.1989 at about 3:00 A.M. some dacoits entered his house by breaking door and started demanding money at the point of pistol. Thereafter, more persons entered in the house and after breaking upon almira of his wife took out money, golden ornaments and other things. It is mentioned in the F.I.R. that they had taken cash of Rs. 2,500/ - (Twenty five hundred), gold ornaments and other articles worth Rs. 15,000/ - (fifteen thousand). In his F.I.R. he has stated that he had identified some of the dacoits in the light of torch being used by dacoit. On the basis of said F.I.R., police had started the case against eight unknown persons under Section 395 of the Indian Penal Code and after investigation, since the appellant was arrested alongwith other co -accused persons, T.I.P. was conducted and charge -sheet was submitted against him. Since, the case was exclusively triable by the Court of Sessions, the learned Chief Judicial Magistrate after taking cognizance of the case committed the same to the Court of Sessions and finally the case was tried by 7th Additional Sessions Judge, Daltonganj, who found the accused guilty and convicted him as aforesaid.
(3.) IT is submitted by learned counsel for the appellant that since other two accused persons Ramchandra Bhuiyan and Wakil Choudhary absconded during trial hence the case of this petitioner Pradeep Ram was separated and during trial he was found guilty.;