1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 1618 of 2016 ------ Akhilesh Ram @ Umesh Kumar Ram ……Petitioner Versus The State of Jharkhand ....…Opp. Party ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioner : Mr. Manoj Kr. No.2, Advocate For the State : Mr. Suraj Deo Munda, A.P.P ------ ORAL ORDER IN COURT Order No: 10/ Dated: 15.01.2025 This Criminal Revision has been filed on behalf of the petitioner by challenging the judgment dated 16.09.2016 passed by Sri Sanjay Kumar Upadhyay, learned Additional Sessions Judge-II, Palamu at Daltonganj in Criminal Appeal No. 102/2011 by which the learned Court below has dismissed the Criminal Appeal filed on behalf of the petitioner thereby, affirming the judgment of conviction and order of sentence dated 30.06.2011 passed by Sri Ashok Kumar, learned Railway Judicial Magistrate, Daltonganj in G.R. Case no. 1023/2009 (arising out of Rail Daltonganj P.S. Case no. 20/09 dated 13.07.2009) by which the petitioner has been convicted for the offence under Section 394 of I.P.C and sentenced to undergo R.I for three (03) years and to pay the fine of Rs. 2000/-. 2. The prosecution case, in brief, is that on 12.07.2009 at about 9 PM the informant Vivek Kr. Tiwary had boarded Chopan-Chunar-Sarwadih Passenger Train at Nagar Utari for reaching Daltonganj and about 11.00 PM, the said train reached Rajhara Station and just as it left Rajhara Station, three 2 miscreants managed to sneak inside the Bogey and out of them two miscreants were armed with pistol while one was wielding large knife (Bhujali). The informant has mentioned the physical description of those miscreants, stating that they were in between 19 to 24 years of age, about 5” 6” of height, of dark complexioned and two of them sporting cream shirts. It is further stated that the informant was in third bogey from Engine which was carrying about 20-25 passenger, wherein those marauders after having sneaked, started snatching mobiles and money from the passengers by putting them under fear of threatened violence and the informant was robbed of his cream colour Nokia Mobile Phone Model No. 1100, Sim No. 9608348685 as well as Rs 700/- from his pocket, whereas, the miscreants robbed of other co-passengers too, like Nokia 1650 Cream Colour Mobile No. 9771186064 and Rs. 20/000/- in cash from Chandrika Mehta, Nokia 1600 Black Mobile No. 9608556272 from Lalan Kumar and Macromax Mobile of Black Colour bearing Mobile No. 9006085806 and sum of Rs. 350/-, in cash from Amit Kumar Mishra. It has been further more alleged that in order to create panic miscreants fired gun shots and after having plundered the booty, they managed to get off just before Kajari Station from moving train when speed slowed after doing vaccum and fled away towards west. The miscreants were also assaulting and the informant has claimed to identify all the miscreants. 3. Heard Mr. Manoj Kumar no. 2, learned counsel appearing on behalf of the petitioner and Mr. Suraj Deo Munda, 3 learned A.P.P appearing on behalf of the State. 4. Learned counsel for the petitioner has submitted that he is not pressing this Criminal Revision on merit as the petitioner has already served sentence for around two (2) years out of three (3) years. It is submitted that the petitioner has remained in custody from the period 09.10.2009 to 30.06.2011. It is submitted that the co-accused Anuj Kumar Gupta has been acquitted by the learned Appellate Court in Criminal Appeal No. 89 of 2011 which has been enclosed as Annexure-2 to this Criminal Revision Application and hence, lenient view may be taken in favour of the petitioner. 5. On the other hand, learned A.P.P raised no objection. 6. It appears that the informant Vivek Kumar Tiwary had lodged F.I.R against the unknown miscreants on 13.07.2009 giving rise to Daltonganj Rail P.S Case no. 20/2009 for the offence under Section 394 of the I.P.C by giving his fardbeyan on 12.07.2009 before Officer In-Charge, GRPS, Daltonganj at Daltonganj Railway Station, Platform No. 2. 7. It transpires that the police, after investigation, had submitted charge sheet against the petitioner and one Anuj Kumar Gupta on 23.10.2009 before the learned Railway Judicial Magistrate, Daltonganj for the offences under Sections 394 and 411 of the I.P.C and learned Railway Judicial Magistrate, Daltonganj had taken cognizance under Sections 394 and Section 411 of the I.P.C against the petitioner and one Anuj Kumar Gupta on 05.11.2009. 8. After supplying the police papers to the accused 4 persons, the charges were framed against the petitioner and one Anuj Kumar Gupta on 11.02.2010 by Sri Arvind Kumar Pandey, then Railway Magistrate Ist Class, Daltonganj under Sections 394 and 411 of the I.P.C and to which they pleaded not guilty and claimed to be tried. 9. During trial, the prosecution got examined eleven (11) witnesses in support of its case who are as follows:- (i) PW-1 is Sarju Ram (i.e. Victim), (ii) PW-2 is Upendra Prasad Sao, (iii) PW-3 is Suraj Sah, (iv) PW-4 is Ishwari Ram (i.e. the Hostile witness), (v) PW-5 is Afzal Ansari (i.e. the Victim), (vi) PW-6 is Lalan Kumar (i.e. the Victim), (vii) PW-7 is Ram Lal Prasad (i.e. the eye witness), (viii) PW-8 is Naimuddin Ansari (i.e. the victim whose looted mobile has been recovered from possession of convict Anuj Kr. Gupta), (ix) PW-9 is Rajesh Prasad Rajak (i.e. the I.O), (x) PW-10 is Vivek Kumar Tiwary (i.e. the informant), (xi) PW-11 is Amit Kumar Mishra (i.e. the victim). 10. The prosecution in support of its case had got proved the following documents as Exhibits which are as follows:- (i) Exhibit-1 is the Signature of witness Upendra Pd. Sah on seizure list, (ii) Exhibit-1/1 is the Signature of witness Suraj Sah on seizure list, (iii) Exhibit-1/2 is the Seizure list, 5 (iv) Exhibit-2 is the Fardbeyan, (v) Exhibit-2/1 is the Endorsement on Fardbeyan, (vi) Exhibit-2/2 is the signature of witness Vivek Tiwary on fardbeyan,’ (vii) Exhibit-2/3 is the signature of witness Amit Mishra on fardbeyan, (ix) Exhibit-3 is the Formal F.I.R, (x) Exhibit-4 Memo of arrest, (xi) Exhibit-5 is the confessional statement of accused Anuj Gupta, (xii) Exhibit-6 is the confessional statement of accused Akhilesh Ram. 11. Thereafter, the petitioner and other co-accused Anuj Kumar Gupta were examined under Section 313 Cr.P.C by the learned Court below on 24.06.2011 and to which they denied the circumstances put forth before them. 12. Thereafter, the learned Court below after considering the case of both the sides has convicted the petitioner under Section 394 of the I.P.C. 13. It transpires from the Lower Court Records that the petitioner has remained in custody from the period 09.10.2009 to 30.06.2011 i.e. for around one year and eight (08) months. Thereafter, the petitioner had surrendered before the learned Court below after dismissal of Criminal Appeal No. 102/2011 on 16.09.2016 and he was released on bail by the Co-ordinate Bench (Hon’ble Mr. Justice Rongon Mukhopadhyay) of this Court on 01.03.2017. Thus, the petitioner has remained in custody for around one year 6 and around eight (08) months. 14. Under the circumstances, the judgment dated 16.09.2016 passed by Sri Sanjay Kumar Upadhyay, learned Additional Sessions Judge-II, Palamu at Daltonganj in Criminal Appeal No. 102/2011 and the judgment of conviction under Section 394 of I.P.C dated 30.06.2011 passed by Sri Ashok Kumar, learned Railway Judicial Magistrate, Daltonganj in G.R. Case No. 1023/2009 (arising out of Rail Daltonganj P.S. Case No. 20/09 dated 13.07.2009 is affirmed. However, so far as the sentence is concerned, as the petitioner has already served sentence of one year and around eight (08) months in custody and thus, this Court is taking lenient view, the period undergone by the petitioner shall be the period of sentence. 15. Thus, this Criminal Revision No. 1618 of 2016 is hereby dismissed with modification in sentence as mentioned above. 16. Let the original Lower Court Records be sent to the learned Court below at once by the office. (Sanjay Prasad, J.) Avinash/ N.A.F.R