(1.) These appeals by the State are directed against the judgment and order of acquittal passed by the Patna High Court in Criminal Appeal Nos. 564, 566 and 533 of 1981. The five respondents, along with one Bharat Singh, were tried for committing the offence punishable under Section 396, IPC, in the Court of the Additional Sessions Judge, Sitamarhi in Sessions Trial No. 53 of 1979/11 of 1990. Accused Bharat Singh was acquitted but respondents Nos. 1 to 5 were convicted under Section 396 IPC and sentenced to undergo imprisonment for life.
(2.) It was alleged against the accused that on 13-8-1978 at about 1.00 p.m., they, along with 15 to 20 other persons, under the leadership of Kailash Mahto, went to the house of Bilat Sah (PW-18) of village Pakaria and committed dacoity. In order to commit dacoity they dragged Bilat Sah (PW-18) and his son Ramchandra Sah (PW-19), pushed them into a room and locked them inside. On hearing their shouts many people rushed to that place and protested against the high handedness of the dacoits as three of them were the residents of the same village and were known to them. Soon after the dacoits left that place, the village people freed Bilat Sah and Ramchandra Sah and then started chasing the dacoits. When Rajdeo Rai, who was heading the chasers, gave a lathi blow to one of the dacoits, accused Ram Kailash Mahto and Nageshwar Suri fired shots as a result of which Rajdeo Rai received injuries on his chest and abdomen and died there and then. In spite of that, the villagers continued the chase and caught one dacoit, who gave out his name as Surendra Singh and stated that he was of village Singharia. The villegers of Pakaria were joined by people of the adjoining villages and they all continued the chase. During the scuffles between the dacoits and the village people as many as ten dacoits lost their lives and some villagers also received injuries. The village people returned to the village with Surendra Singh in the evening. At about 8.00 p.m., Sub-Inspector, Ram Nath Yadav (PW-12), who was in charge of Sonbara Police Station received information that firing had taken place in village Pakaria and that some serious incidents had also taken place. He left for that village and reached there at about 8.30 p.m. He recorded the complaint of Ramchandra Sah (PW-19) and sent it to the police station for registering an offence. During the investigation the six accused could be identified and were arrested. They were then put up for trial.
(3.) The trial Court relying mainly upon the evidence of PWs-1, 6, 11, 13, 18 and 19 and the extra judicial confession made by Surendra Singh (A-1) held that the prosecution has satisfactorily established that A-1 and A-3 to A-6 had taken part in committing the dacoity and, therefore, were guilty under Section 396, IPC. A-2 was given benefit of doubt as the evidence regarding his identification was not satisfactory.