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Cri. Appeal No. 20 of 2001. Case: Rajmohan Bhagat and Anr. Vs State of Jharkhand. Jharkhand High CEGAT & CESTAT High Court

Judgment Cited in Precedent Map Related
Case NumberCri. Appeal No. 20 of 2001
CounselFor Appellants: M/s D.K. Nayak and S. Saxena, Advs. and For Respondents: S.K. Srivastava, APP.
JudgesD. P. Singh, J.
IssueIndian Penal Code (45 of 1860) - Section 395
Citation2006 CriLJ 4487
Judgement DateMay 11, 2006
CourtJharkhand High CEGAT & CESTAT High Court

Judgment:

  1. This appeal is directed against the judgment of conviction and order of sentence dated 2-12-2000 passed in Sessions Trial No. 167 of 1984/68 of 1990, whereby and whereunder the learned Additional Judicial Commissioner, Lohardaga held the appellants guilty under Sections 395 IPC and convicted and sentenced them to undergo RI for five years.

  2. The brief facts leading to this appeal are that in the evening of 8th June, 1983 the informant Khadia Bhagat, PW 3, was resting in his house situated in village Rorad Chhapartoli, P.S. Kisko, District Lohardaga, when at about 7 PM he found some miscreants inside his house having gun and armed variously. It is further stated that the miscreants caught hold of him and tied his hands and threatened him to kill if he did not disclose where the money was concealed. He identified one of the miscreants as Fulchand as other miscreants were concealing their face. Thereafter his father and mother were also threatened and were forced to disclose where about of the money. The miscreants looted away Rs.1000/- from the house of the informant. According to the informant, accused Fulchand also threatened him to kill and left the house after taking away clothes, ornaments and utensils. The house inmates did not raise any alarm out of fear. However, when the miscreants left the house, after half an hour they raised alarm, on which villagers assembled. The informant could not report the matter immediately because of treatment of his father.

  3. This matter was reported to Kisko police on 11th June, 1983 in which he named accused Fulchand Minz and...

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