UMESH KAMAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant along with seven others were charged by the Additional Sessions Judge, Madhubani under Section 396 IPC for committing dacoity on the night of 28-5-1994 in the course of which one of them fired at and killed one of the inmates of the house, namely, Rajendra Thakur. Four were acquitted by the trial Court and on appeal by the remaining four accused, three were acquitted by the High Court. The appellant alone was convicted under Section 396 IPC and sentenced to life imprisonment. It appears that the appellant has so far undergone imprisonment for about six years.

(2.) PW-1- a neighbour, PW-3 the minor daughter of the deceased, PW-4 the brother of the deceased who was also injured by the marauders and PW-5 the sister-in-law of the deceased are the eye-witnesses. Though the information in regard to the incident was supposed to have been conveyed to the police station by PW1, the FIR was not recorded on that basis. However, the police arrived at the scene at about 2 a.m. and then recorded the statement of PW 5 i.e. the sister-in-law of the deceased, which was treated as First Information Report.

(3.) According to the statement of PW 5 as incorporated in the FIR, at about 11 p.m., she and other inmates of the house were sleeping and on hearing the voice of his elder brother-PW 4 who was sleeping beyond the main doorway, Rajendra Thakur-the deceased opened the main door and the informant- PW-5 and PW 3 also went behind him. She saw four persons in full pants and half shirts standing at the gate and another wearing a black full pant and full shirt with checks. Soon after Rajendra Thakur opened the door, the person wearing the black full pant fired at him as a result of which Rajendra Thakur collapsed instantaneously. Thereafter, she beseeched the miscreants not to harm and to take away whatever articles they wanted. Still, they inflicted injuries with dagger on the body of Rajendra Thakur even after he fell down and one of them also attacked her with a lathi. They also injured her husband Laxman Thakur- PW-4 with lathi and rod as a result of which he became unconscious. Four/Five dacoits entered the house and went on a looting spree for about 15 minutes. On the alarm raised by the villagers, dacoits who were 20 in number fled away with looted articles. Rajendra Thakur succumbed to the injuries then and there. She stated that the details of looted articles will be furnished by the wife of Rajendra Thakur and other family members who had gone to the hospital. According to her, the dacoits were young men wearing dhothi, full pant, half shirt etc. and they had fire arms, dagger, lathi and torches with them and were speaking Hindi and Mithili languages. She also stated that her husband would disclose the identity of the dacoits on coming to senses and her other family members will identify the looted articles if recovered. Informant also stated that three dacoits have covered their faces with galmocha. The statement was recorded in the presence of her son-in-law and sambandhi.