SHEO NANDAN Vs. STATE

JUDGEMENT

(1.) THIS appeal and connected Government Appeal No. 693 of 1961 arise out of Sessions Trial No. 5 of 1960 in which two persons, Nagina of village Sipaya and Sheonandan of village Iswapur in Bihar, were tried for offences under Section 120 -B and 396, I. P. C. The Additional Sessions Judge, Gorakhpur, acquitted Nagina, but convicted Sheonandan under both the provisions and sentenced him to imprisonment for life under Section 396 and to 10 years rigorous imprisonment under Section 120 -B, I. P. C. He has, therefore, come up in appeal against his conviction and sentence as aforesaid, while the State of Uttar Pradesh has filed the appeal against the acquittal of Nagina, for the aforesaid offences. These two appeals were heard together and we propose to deal with both of them in the same judgment.

(2.) A daring dacoity took place at about 8.30 P. M. on 2nd February, 1959, in a second class compartment in 216 -Down train of the North Eastern Railway between Lakshmiganj and Ramkola railway stations.

(3.) ALTHOUGH the train stopped at the distant signal for a few minutes, no one in the neighbouring compartments took any notice of what had happened. When the train arrived at Ramkola railway station, an alarm was raised. The Guard then arrived, and the report, Ex. Ka -II, was handed over by him to the Station Master, Eamkola, who passed it on to Police Station, Rarnkola, where the First Information Report (Ex. Ka44) was prepared at 9.30 P.M. S. I. Janardan Pathak (P. W. 25) came to the railway station almost immediately. The body of the deceased, Lal Bahadur, was taken out and he prepared the inquest report in respect of the same, and Shanker Das and Satya Narain Gupta were sent for medical attention in the dispensary at Ramkola. On the inspection of the second class compartment a bag (Ex. 6) containing a lota (Ex. 1) and a lungi (Ex. 5) were found on the second berth of the compartment. The lota contained an inscription 'Santlalji Dahiyawan Chhapra'' in Hindi. Information about the incident was also sent to the Station Officer of the Government Railway Police at Gorakhpur. S. I. Ram Murti Prasad, who was Station Officer there, reached Ramkola railway station at about 4 or 4.30 A.M. in the morning and took over the investigation of the case from S. I, Janardan Pathak. Some time after taking over the investigation, he walked along the railway line to the side of Lakshmiganj railway station and near about the culvert found the box Ex. 2, and 76 small pieces of currency notes, which were sealed by him in an envelope, Ex. 10. Some of the passengers, who were travelling in the second and third class compartments, were detained at Ramkola station and their statements were recorded. Subsequently the investigation of the case was taken over by Inspector E.P.N. Singh of the C. I. D.