JUDGMENT : Pradeep Kumar Srivastava, J. 1. The instant criminal appeal was originally preferred by three appellants, out of them, appellant Nos. 3 died during the pendency of this appeal and his appeal stands abated vide order dated 01.09.2025. 2. The instant criminal appeal is directed against the Judgment of conviction and Order of sentence dated 21.10.2003 and 23.10.2003 respectively passed by learned Addl. Sessions Judge, Fast Track Court-I, Pakur in Sessions Case No. 153/2002 and 180/2002 whereby and whereunder the appellant has been convicted under Section 394 IPC and sentenced to undergo R.I. for 10 years along with fine of. 1000/- under Section 394 IPC. 3. We have already heard the arguments of Mr. Sunil Singh, learned counsel for the appellants and Mrs. Anuradha Sahay, learned APP for the State. Factual Matrix:- 4. The factual matrix giving rise to this appeal is that on 26.05.2002 at about 5:00 PM, Informant Dukhan Saha along with his uncle Bal Mohan Saha and Bechan Shah were returning from Amtalla Hatia by Kawasaki Motor Cycle No. JH-04A-0094. It is alleged that informant was wearing Helmet and driving the motorcycle and his uncle was sitting on the back side as pillion rider. When they reached ½ km away from Jitalpur village near Mohuwa tree, they saw three persons standing by the side of the road started pelting stone which hit on the helmet of the informant and also some stone caused injuries to his chest then they fell down from the motor-cycle. Thereafter, above three miscreants surrounded them. It is alleged that it was moon light hence all the miscreants were identified. One of the miscreants Shyamlal Murmu put pistol on the neck of the informant and asked for money and key of his motorcycle. Chotu Murmu whipped out a knife and took money from the possession of Lalmohan Sah and Bechan Sah. They also snatched the motor-cycle of the informant and started fleeing away, but the informant and his uncle raised alarm then nearby villagers started searching the accused persons and the motor-cycle. In the course of search, motor- cycle of the informant was traced out from the bush situated by the side of road and one person hidden in bush started fleeing away, who was apprehended and disclosed his name as Chotu Murmu. A bag was recovered from his hand. In the course of search, motor- cycle of the informant was traced out from the bush situated by the side of road and one person hidden in bush started fleeing away, who was apprehended and disclosed his name as Chotu Murmu. A bag was recovered from his hand. One knife, three cartridges were also recovered from the possession of Chotu Murmu. The apprehended accused and seized materials were handed over to the Police. On the basis of above information, FIR was registered as Littipara P.S. Case No. 24/2002 against the accused Persons. After completion of investigation, charge-sheet was submitted for the aforesaid offences under Sections 394, 412 of IPC and 25(A) (1-B), 26 and 35 of the Arms Act against the appellants. 5. The case was committed to the court of sessions where Sessions Case No. 153/2002 &180/2002 was registered. The accused persons pleaded not guilty and claimed to be tried. After conclusion of trial, impugned judgment was passed which has been assailed in this appeal. Submissions on behalf of appellants: - 6. Learned counsel for the appellants has vehemently argued that although in the course of trial, 13 witnesses were examined but none of the witnesses have been able to prove the involvement of the appellants in the alleged offence and no recovery has been connected with the possession of the appellants. All the appellants were acquitted from the charge under Section 412 of the IPC rather have been held guilty for the offence under Section 394 of the IPC. Therefore, the conviction and sentence of the appellants is absolutely illegal and beyond the weight of evidence available on record which is fit to be set aside. In the alternative, it is argued that appellants have been implicated in this case only on the basis of suspicion and nothing incriminating has been seized from the conscious possession of the appellants. The appellants have no criminal background. The appellant No. 1 has remained in custody for about one year and appellant No. 2 about 2 years during trial and after conviction. The occurrence is of the year 2002 and more than two decade have been elapsed. Appellants have mended their lives towards mainstream and did not involve in any other criminal activities. The appellant No. 1 has remained in custody for about one year and appellant No. 2 about 2 years during trial and after conviction. The occurrence is of the year 2002 and more than two decade have been elapsed. Appellants have mended their lives towards mainstream and did not involve in any other criminal activities. Therefore, sentence awarded to the appellants, which is excess and disproportionate to their guilt, have to be reduced to the extent of imprisonment already undergone by them Submissions on behalf of the State 7. On the other hand, learned A.P.P. appearing for the State has submitted that the learned trial Court has very wisely and aptly appreciated and analyzed the evidence available on record and rightly convicted the appellant. The impugned judgment of conviction and sentence of the appellants does not suffer from illegality or infirmity, calling for any interference. There is no legal substance in the grounds raised on behalf of the appellants. It is a serious offence of robbery and snatching. This appeal is devoid of merits and fit to be dismissed. 8. We have gone through the record along with the impugned judgment in the light of rival contentions of the parties. 9. The sole point for determination in this appeal is “as to whether the impugned judgment of conviction and sentence of the appellants suffer from any error of law, which requires any interference in this appeal?” Analysis, reasons and decision 10.Before imparting our verdict on the above point, it appears appropriate to discuss the evidence adduced by the prosecution in this case. P.W.-1 Lal Mohan Sah has deposed that he along with his nephew Dukhan Sah and elder brother Bechan Sah were returning from Hatia by Motorcycle which was driven by Dukhan Sah who had worn helmet. At about 5 PM, when we reached near Mahuwa Tree, three persons from right side of the road started pelting stone which hit helmet of Dukhan Sah and second on chest and third one on motorcycle and when he tried to accelerate the motorcycle, they fell down. Then, three accused persons threatened to kill in case he did not give money. Then, we gave Rs. 800/-, Key of the Motorcycle and Motorcycle and ran away due to fear and started raising alarm. Then, three accused persons threatened to kill in case he did not give money. Then, we gave Rs. 800/-, Key of the Motorcycle and Motorcycle and ran away due to fear and started raising alarm. Then villagers reached there and started searching the motorcycle which was found near bushes half kilometer away and Chotu Murmu was also caught by the villagers from whom one bag, cartridge and knife were recovered. In his cross-examination, he has remained intact. P.W.-2, Biren Sah, who reached the place of occurrence on hearing Halla raised by Bechan Sah and went towards forest where Chotu Murmu was caught, from whose possession, Bag, Cartridge and Knife were recovered and he has also confessed the name of co-accused persons. In his cross-examination, he has denied the suggestion that such type of occurrence has not taken place. P.W.-3, Rajendar Sah came at the place of occurrence when Bechan Sah told him that his motor-cycle were snatched, then he reached along with villagers at the place of occurrence and searched the motorcycle and caught the Chotu Murmu who was fleeing away, from whose possession, Bag, Cartridge and Knife were recovered. In his cross-examination, he has stated that Choto was caught in Jitalpur forest from where Motor-cycle was also recovered. In his cross-examination, he has also denied the suggestion that such type of occurrence has not taken place. P.W.-4, Dukhan Sah is the informant of this case and deposed that he who along with his two uncles were returning from Hatia by driving Motorcycle and when we reached near Mahuwa Tree just ahead of Jitalpur, the above accused persons pelted stone on his helmet, chest and motorcycle, due to which, we fell down and the accused persons snatched the money, key and motorcycle. It was moon-light and he identified the accused persons as Chotu, Birju and Shyamlal who threatened to kill if money is not given and due to fear, his uncle namely Lal Mohan gave Rs. 700/- and Bechan Sah gave Rs. 800/- and trouser was also taken away and we were threatened to run away by accused persons then we started to run away by raising alarm. He deposed that his uncle namely Bechan Sah reached Patrapara where he told to villagers and then searched the motorcycle from bushes and caught the accused Chotu Murmu from whose possession Bag, Knife and Cartridge and Trouser were recovered. He deposed that his uncle namely Bechan Sah reached Patrapara where he told to villagers and then searched the motorcycle from bushes and caught the accused Chotu Murmu from whose possession Bag, Knife and Cartridge and Trouser were recovered. In his cross-examination, he has also denied the suggestion that such type of occurrence has not taken place. P.W.-5, Bechan Sah . he along with his nephew Dukhan Sah and elder brother Bechan Sah were returning from Hatia by Motorcycle which was driven by Dukhan Sah who had worn helmet. At about 5 PM, when we reached near Mahuwa Tree, three persons from left side of the road started pelting stone which hit helmet of Dukhan Sah and second on chest and third one on motorcycle and we fell down. Then, accused persons threatened to kill in case he did not give key of the motorcycle. Then we handed over the key of the motor-cycle, Rs. 800/- and Rs. 700/- and ran away due to fear and started raising alarm. Then we along with villagers reached the place of occurrence and started searching the motorcycle which was found near bushes half kilometer away and Chotu Murmu was also caught by the villagers from whose possession, one bag, cartridge and knife were recovered. P.W.-6, Baijnath Sah, came at the place of occurrence after hearing Halla of Bechan Sah who has also corroborated the above evidence. P.W.-7, Kalachand Sah has deposed that Lal Mohan Sah handed over one red colour bag, fulpaint and three cartridges along with knife and motor-cycle to Police Officer, who has prepared seizure list in presence of him. This witness has proved signature on seizure list which has been marked as Exhibit 2/1. P.W.-8, Chotan Sah runs a shop who deposed that at about 5 PM, accused persons Birju Murmu, Chotu Murmu and Kubraj Murmu and one man came and asked for breakfast and gave Rs. 10 and then they went towards Jitalpur and later on heard that Chotu Murmu was caught in snatching of Motorcycle of Lalmohan Sah. P.W.-9, Suresh Turi is a hearsay witness who has deposed that on hearing Halla of Bechan Sah, he ran towards Jitalpur where during search Motorcycle were found and one person was caught from whose possession one bag, three cartridge and one knife were recovered who confessed the name of other co-accused persons. P.W.-10, Subodh Sah is also a hearsay witness. P.W.-9, Suresh Turi is a hearsay witness who has deposed that on hearing Halla of Bechan Sah, he ran towards Jitalpur where during search Motorcycle were found and one person was caught from whose possession one bag, three cartridge and one knife were recovered who confessed the name of other co-accused persons. P.W.-10, Subodh Sah is also a hearsay witness. His father told him that motorcycle and money were snatched, then he said that Chotu Murmu had come at his shop and bought half kilogram chanachur and went towards Jitalpur. P.W.-11, Dr. Kalidas Murmu, who was posted at PHC Littipara as Medical Officer and examined Bechan Sah and Dukhan Sah. Injuries of Bechan Sah (i) An abrasion over right side of face size 1.1/2”x1/3” (ii) Age of Injury – within 24 hours (iii) Type of Injury-Simple Injuries of Bechan Sah (i) Multiple abrasion over right side of chest (ii) Age of Injury – within 24 hours (iii) Type of Injury-Simple P.W.-12, Ajay Kumar Tiwari, is the I.O. of this case who stated that he was officer-in-charge in Littipara and on 26.05.2002 by reaching Patarpara, got information and recorded fardbeyan of informant and took signature of informant and proved fardbeyan which is marked as Ext.-4. He has also proved the formal FIR as Ext.-5. He investigated the case and recorded statement of informant and other witnesses and arrested the accused Chotu Murmu and made seizure list including one bag, black chain, three live cartridges and one knife and one boxer motorcycle and recorded confessional statement of Chotu Murmu. P.W.-13, Maidal Islam who has proved sanction report which is marked as Ext. 8. 11.Form the aforesaid evidence, it is crystal clear that the prosecution witnesses have remained intact in their cross- examination and there is direct and specific allegation against the present appellants that they have committed the crime of robbery and snatching. Nothing has been elicited in the cross- examination of the prosecution witnesses to disbelieve the prosecution story. They have consistently corroborated the prosecution version saying the involvement of the appellants in the alleged offence. Therefore, we find no merits in this appeal regarding the conviction of the appellants for the offence under Section 394 of the IPC, which is upheld and confirmed. They have consistently corroborated the prosecution version saying the involvement of the appellants in the alleged offence. Therefore, we find no merits in this appeal regarding the conviction of the appellants for the offence under Section 394 of the IPC, which is upheld and confirmed. 12.So far as the sentence of the appellants are concerned, it appears that it was their first offence and they were not involved in any other cases prior to this case and there is no post-conviction criminal antecedent, rather, they have mended their lives and joined the mainstream and are also enjoying the privilege of bail during the pendency of this appeal. Therefore, the imprisonment already undergone by the appellants appears to be sufficient punishment in the facts and circumstances of the case. 13.In view of the above, impugned judgment of conviction of the appellants is upheld but the sentence is modified to the extent of period of imprisonment already undergone by them. 14.Accordingly, this appeal is dismissed on merits with modification in sentence as stated above. 15.The appellants are on bail, hence, they are discharged from liabilities of bail bonds. The sureties are also discharged. 16.Pending I.A(s), if any, is also disposed of, accordingly. 17.Let a copy of this judgment along with Trial Court Records be sent back to the court concerned for information and needful. 18.We take this opportunity to appreciate the assistance rendered by Mr. Sunil Singh, learned amicus curiae and direct the Member Secretary, High Court Legal Services Committee to extend the stipulated fees to him within a period of four weeks from the date of receipt/production of a copy of this order. 19. Office is directed to ensure that a copy of this order is served upon Member Secretary, High Court Legal Services Committee.