CHOTTAN MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Patna High court dismissing the appeal filed by the appellants before us and confirming their conviction by the learned Additional Sessions Judge, patna, under Section 396, Indian Penal Code

(2.) There is no doubt that at about midnight between 16/03/1958 and March 17, 1958, a number of persons committed a dacoity in the house of Budban Gope (P. W. 5) in village Mehtarwan about four miles from police station Chandi in the sub-division of Biharsharif, District Patna. In their dacoity Mangal Gope, brother of Budhan Gope, was killed by gun shot injury and Budhan Gope and his daughter Dakho Kuer (P. W. 6) were severely injured. Various kinds of properties were looted by the dacoity, including ornaments, clothes, utensils, etc. First Information Report was lodged at the police station by Sukhu Chowkidar, P. W. 10 at 3 a. m. the same night, i. e. , on 17/03/1958. He stated in the first information report that on hearing loud sound of gun firing coming from the west side of the village and on hearing from one Tilakdhari Dusadh that dacoits had come, he went near the house of Budban Gope. He found Mangal Gope, brother of Budhan Gope, fallen near the eastern corner of the house of Ramlal Mahto. Then he also found Budhan Gope and his daughter Dakho Kuer injured besmeared with blood and crying. He stated that he learnt from Budban Gope that "about 15 dacoits, armed with lathi, gadasa and gun raided his house and committed assault with lathi and gun, as a result of which (raid) his daughter Dakho kuer had been injured by gun shot of the dacoits, and that they (dacoits) assaulted him (Budhan) with lathi, on the Chhat of his house. The (Budhan) also faced the dacoits with a Kori (piece of bamboo) ". Sukhu Chowkidar further stated in the first information report that Budhan Gope told him that "amongst the dacoits he recognised Chhotan Mahto, son of Nekhu Mahto resident of Amraura, armed with a gun, Kroo Mahto, Sohrai Mahto and the two sons of Shamlal Chamar, residents of Berwan P. S. Ghandi, District patna armed with lathis and gadasas and they took away clothes ornaments, cash etc. from his house".

(3.) It will be noticed that three appellants are named in the first information report and the fourth appellant is mentioned as the son of Shamlal chamar. Sudhan Gope in his evidence before the Additional Sessions Judgegave a few more details and he added the name of Ram Prasad, who was also known as doctor, in this manner :