Ratnaker Bhengra, J. - (1.) C.A.V. ON 13.07.2018 DELIVERED ON 01 / 03 /2019 Ratnaker Bhengra,J: Both these appeals arise out of the same impugned judgment, therefore, they are heard together and being disposed of by this common Judgment.
(2.) Both these appeals are directed against the judgment of conviction dated 18.02.2003 and order of sentence dated 19.02.2003 in S.T. No. 319 of 1993/ T.R. No. 447 of 2002 passed by learned Additional Judicial Commissioner Fast Track Court, Ranchi whereby and whereunder both the appellants have been convicted for the offence under section 395 of the IPC and both the appellants have been sentenced to undergo rigorous imprisonment for five years and they have also been sentenced to pay fine of Rs. 5000/- each in default to undergo further period of six months imprisonment.
(3.) The prosecution case, in brief, as per the fardbeyan of the informant Ayub Khan, P.W. 6 that on 05.08.1992 at 9.15 p.m. he was returning home by a bicycle. When he reached near a small bridge on the Pakka road situated about 1 K.M. southern from the village Paryago he saw that in the Moonlight night that five to seven criminals were looting the cash and other articles of some villagers of the informant. The informant when asked as to who were committing the Dacoity then one of the dacoits fired pistol on him which caused injuries on his right thigh by bullet and compelled the informant also to get down from the Bicycle and to sit down there. Further it has also been alleged that Dacoits also exploded Bombs causing injuries to some of the villagers. Dacoit also looted the villagers. The informant has further alleged that he has identified the accused Mahboob who fired on him and when after getting injuries from the pistol when he sat down the accused Mahboob then taken away cash of Rs. 1500/- from his pocket. It is further alleged that besides the informant the Dacoits had also looted away the cash and other articles from Abdul Rahim, Md. Muktar, Sk. Taibul, Md. Sahdul, Sk. Juman of Village Chuchkopi. Dacoits had taken cash of Rs. 5,000/- and a bag containing woolen cloths and other articles from Md. Abdul Rahim after causing injuries to him along with his son by Pistol and Bomb. The dacoits had also looted the cash of Rs. 2000 and wrist watch from Sardhul Khan. It has also been alleged that the witness Md. Abdul had identified the accused at the P.O. by stating the name as Md. Quyum Ansari and Samsuddin Ansari and further Md. Sahdul identified Md. Samsuddin and Sk. Jumman identified Mr. Md. Quyum.;