BISHWANATH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Out of five persons challaned before the sessions court for the offence under Section 395, Penal Code, four were convicted by the trial court and sentenced each of them to rigorous imprisonment for ten years. The four convicted persons filed appeals before the High Court. The conviction was confirmed in respect of two of them (who are Appellants before us) while acquitting A4-Tara Kant Jha and A5-Badri Jha. However, the High Court reduced the sentence to rigorous imprisonment for seven years.

(2.) The occurrence happened during the night of 10th January, 1981 (the next morning was 11th) . The prosecution case is that all the five accused entered into the courtyard of the house of P.W. 5 Ram Prasad. The male persons of the house were then sleeping in the courtyard. After the assailants entered the courtyard, they trussed up three persons belonging to that house (P.W. 1 Bimal, P.W. 2 Ramchander and P.W. 3 Mahender) . They were threatened not to make any noise lest they would be killed. Thereafter, the assailants pushed the door of the house open and committed mischief there including theft of some silver ornaments. When P.W. 4 (Shatrughan Prasad Yadav) tried to escape, one of the assailants fired a gun shot which hit him on the hand. While decamping, they exploded a bomb. Hearing the commotion, the neighbouring people rushed to the scene and haystacks were set fire to by them. In the light of the flames, the faces of the assailants were identified by the villagers also.

(3.) It is unnecessary for us in this appeal to deal with the evidence in detail. We conclude that the case alleged against the convicted persons stand proved to the following extent: