SHEONATH BHAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against judgement and order dated 8th April, 1985 passed by Sri Ghanshyam Das, 1st Addl. Sessions Judge, Ghazipur, convicting appellants Shoenath Bhar, Sheo Shankar, Kailash Bhar, Patiram and Satya Deo with offence of dacoity U/s 395, IPC and sentencing each of them to rigorous imprisonment for ten years and further convicting appellant Kuber Bhar with offence of dishonestly retaining stolen property, possession of which was transferred by dacoit, under Section 412, IPC and sentencing him to rigorous imprisonment for five years.

(2.) In appeal it is not challenged that on the night between 19th and 20th August, 1976 at about 11.30 p.m. armed dacoity was committed in the house of Krishna Deo Narain, PW 1 in village Jogapur, Police Circle Mohammdabad, distt. Ghazipur. It is further not challenged that some of the dacoits were armed with guns. They threatened the inmates of the house with their weapons A woman inmate of the house was assaulted with Lathi, Guns were fired by the dacoits for terrorising the villagers. The inmates of the house and the villagers were put to fear. Then according to the prosecution story dacoity was committed by unknown persons for about -th of an hour. It is further not challenged that during dacoity the unknown dacoits were seen and recognized in electric light and light of torches. Following morning at 9.12 a.m. Krishna Deo Narain, P.W. 1 produced written report Ext. Ka 7 at police station situated at a distance of about six miles from the spot of occurrence. Chik report was prepared in terms of written report and the case was registered in the general diary. According to the FIR the property looted in the dacoity was described at the foot of the written report and it included wrist watch Henry Sandos 17 Jewels, behind which number was 196, 1788. It had black dial and frame of stainless steel. It further had white steel chain instead of strap.

(3.) The then station officer Sri Deena Nath Dubey, P.W. 14 of Police Station Mohammadabad took over the investigation of the case soon after investigation. He made recoveries at the scene of crime and after inspecting the scene of crime, prepared site plan which is not material for the case. During investigation he came to know of complicity of appellants Sheonath, Sheo Shankar and others in the dacoity. On 22nd August, 1976 he came to know presence of three suspected dacoits in village Silaich who were to proceed to Kherawari. Hence he proceeded with his force. Near Railway crossing he affected arrest of appellants Sheo Nath, Sheo Shankar and Kailash. From Sheo Nath he recovered unlicenced Pistol and three cartridges. From Sheo Shankar he recovered three unlicenced cartridges and from Kailash he recovered two unlicenced cartridges. He prepared recovery memo and made all the three of them Baparda. On the same day he arrested appellant Satya Deo and made him Baparda. All the aforementioned four suspects were escorted to police station Barda and were kept Baparda at the police station. On 22nd August, 1976 itself he came to know that looted property could be recovered from the house of appellant Sheo Shanker. Hence the investigating Officer raided his house. He found Smt. Surji Devi mother of appellant Sheo Shankar present in the house. He searched the house and found looted property in the house. On 25th August, 1976 he effected arrest of suspect Mahendra and after making him Baparda, brought him to police station. On 11th October, 1976 he arrested appellant Kuber at the crossing of Tiwaripur and recovered wrist watch looted in the dacoity as described above. He prepared recovery memo Ext. Ka 4. He further prepared site plan of the spot of recovery. Recovery memo was inter alia signed by witnesses. On 13th October, 1976 the investigating officer arrested appellant Pati Ram from near a petrol pump. A Dhoti having a torn corner was found in his custody. Recovery memo was prepared and even this appellant was made baparda and was taken to police station Baparda.