Cr. Appeal No. 44 of 2000 with Cr. Appeal No. 65 of 2000. Case: Md. Sayeed Alam and Anr. Vs The State of Bihar (now Jharkhand). Jharkhand High CEGAT & CESTAT High Court
| Case Number | Cr. Appeal No. 44 of 2000 with Cr. Appeal No. 65 of 2000 |
| Counsel | For Appellants: P. K. Verma, Adv. and For State: APP (Manoj Kumar). |
| Judges | R. R. Prasad, J. |
| Issue | Indian Penal Code (45 of 1860) - Section 392 |
| Citation | 2006 CriLJ 4508 |
| Judgement Date | June 14, 2006 |
| Court | Jharkhand High CEGAT & CESTAT High Court |
Judgment:
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Both the appeals were taken together for hearing and are being disposed of by the common order as they arise out of the same case bearing Sessions Case No. 14 of 1998/157 of 1998. Both the appellants, namely, Md. Sayeed Alam alias Shaheed Alam and Md. Ramjan Ansari and also one accused Subodh Kumar were put on trial for an offence under Section 395 of the Indian Indian Penal Code. However, the learned Sessions Judge found them guilty under Section 392 of the Indian Indian Penal Code and sentenced each one of them to undergo R.I. for 2 years 4 months.
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The case of the prosecution is that one Jitendra Kumar Bhagat (P.W.3) came to village, Sripur on his Rajdoot Motorcycle bearing Registration No. BR-10A 1787 along with his friend, Baikunth Prasad for realizing money from some person and after realizing Rs. 6000/- while they were returning reached near a bridge 500 yard away from Godda Parihar Village at 9.15 A.M. they found two persons standing on either side of the road who got their motorcycle stopped by means of rope and in the meantime two other persons came over there and thereafter on the point of a pistol they made the informant and his friend to get down from the motorcycle and snatched Rs. 6,000/-, wrist watch, silver chain, three silver rings from the informant. They also snatched Rs. 3990/- and one black small bag having lungi in it from Baikunth Prasad then all the four by riding motorcycle went away.
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Thereafter the informant (P.W.3) gave his fardbeyan (Ext.5) before the Officer-in-charge of Meharma (Thakurgangti) Police Station, upon which a case was registered under Section 394 of the Indian Indian Penal Code.
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Further case of the prosecution is that the then Officer-in-charge of Meharma (Thakurgangti) Police Station, namely, Syed Md. Ali Rijvi (P.W.9), who happens to be the Investigating Officer of this case, informed immediately to all the Police Stations, including the Meharma Police Station that three criminals after looting motorcycle, have proceeded towards Meharma. On getting this wireless message, the Officer-in-charge of Meharma Police Station, namely, Sanjay Kumar Singh (P.W.7) and Randhir Singh (P.W.8) came at the road and spotted the said motorcycle with three persons riding on it and got them stopped P.W.6 then seized the motorcycle as well as wrist watch, bag containing lungi under seizure-list (Ext.4), upon which all the three accused persons put their signature. When this information was given to...
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