Judgment I.P.Singh, J. 1. This appeal is from jail. Anjana Bhagat appears as amicus curiae to assist the Court. 2. Appellant has been convicted under Section 394 of the IPC and sentenced to undergo rigorous imprisonment for eight years. 3. The case of the prosecution, in short, is that on 20.11.1984 the Informant was going to market for purchasing rice and as soon as he reached near a mango tree in village Pori Bardih, two persons armed with Bhujali and rods attacked him and they assaulted him with rod and they snatched Rs. 322 from his possession. He raised alarm on which one Ujin Toppo reached there and with his help, he went to village Kashir from where several persons collected and when they reached Sikiri Pogra Market then they met one Thutha who told his name as Fardius Kujur and with his help, they went to village Bardih and then other accused James Lakra was arrested. The facts of this case was reported to the Officer In-charge of Raidih Police Station on 21.11.1984 (Ext. 1) on the basis of which formal FIR (Ext. 4) was drawn up. After completion of investigation, the police submitted charge-sheet. Thereafter, cognizance as taken and subsequently trial concluded with the result as stated above. 4. Appellant has pleaded not guilty to the charges framed against him and has stated that he has been falsely implicated in this due to enmity. 5. The prosecution in support of its case has examined altogether 5 witnesses including the Informant PW 2, PW 1 is Ahmad Mian, PW 2 is Abdul Latif, PW 3 is Kariya Singh, PW 4 is Shetudhari, PW 5 is Arbind Kumar Rai who is I.O. of this case. 6. PW 2, Abdul Latif, Informant has stated that while he was going to Kogra Market and after crossing river Shankh near a mango tree in village Pori Bardih, the accused James Lakra appeared and after causing assault to him with an iron rod took Rs. 322/-from his possession and he threatened him. Thereafter, he returned to Kashir Bus Stand and told several persons about this occurrence and went to hospital where 25-26 persons collected and they went to Kogra Market where accused Thutha was apprehended and he confessed that his another friend James Lakra has snatched money and assaulted him and Thutha told his name as Fardius (appellant).
Thereafter, he returned to Kashir Bus Stand and told several persons about this occurrence and went to hospital where 25-26 persons collected and they went to Kogra Market where accused Thutha was apprehended and he confessed that his another friend James Lakra has snatched money and assaulted him and Thutha told his name as Fardius (appellant). In village Pori, they found another accused James Lakra whom he identified and they took both of them to Gram Panchayat in the night and in the morning, he was going to report this matter when Officer In-charge Raidih came there and took his statement. He has also stated that Rs. 192/- was recovered from the house of James for which seizure list was prepared. 7. PW 1, Ahmad Mian, has fully supported the case of the prosecution as stated by PW 2. He has stated that he found PW 2 injured at Kashir Bus Stand and on asking him, he came to know about this occurrence. Thereafter, 25-26 persons collected there and in Kogra Market accused Thutha was apprehended who confessed that James Lakra had assaulted and had taken money from the Informant. He has further stated that they took Thutha to Bardih where James was also apprehended and they were kept in Gram Panchayat for the whole night. In the morning, Police Officer came there and matter was reported (Ext. 1). The Police Officer also recovered Rs. 192/- from the possession of accused James Lakra and thereafter, seizure list was prepared. 8. PW 5, who is I.O. of this case, has also fully corroborated the case of the prosecution. He has categorically stated that on 21.11.1984 on receiving information about this occurrence, he went to village Kashir and took statement of the Informant. He sent fardbeyan to Dumri Police Station where formal FIR was drawn up. He has further stated that on 22.11.1984, he recovered Rs. 192/- from the possession of accused James Lakra and prepared a seizure list. PWs 3 and 4 have been tendered for their cross-examination. 9. From the evidence of these witnesses, it is fully established that the appellant has committed robbery and took away Rs. 322/- from the possession of the Informant. PWs 1 and 5 have also corroborated the evidence of PW 2. The evidence of the Informant and other witnesses are very consistent and corroborative.
9. From the evidence of these witnesses, it is fully established that the appellant has committed robbery and took away Rs. 322/- from the possession of the Informant. PWs 1 and 5 have also corroborated the evidence of PW 2. The evidence of the Informant and other witnesses are very consistent and corroborative. They have categorically stated about the occurrence and have supported the case of the prosecution. I do not find anything on the record to disbelieve their testimony. The Court below has rightly found him guilty for the offence punishable under Section 394 of the IPC. I do not find any infirmity in the impugned judgment. 10. Accordingly, this appeal is dismissed.