ANIRUDH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 26 -5 -1987 passed by 4th Additional Sessions Judge, Bhagalpur, in Sessions Case No. 107 of 1981/101 of 1985 convicting and sentencing both the appellants to undergo imprisonment for life under Section 396 of the Indian Penal Code.

(2.) THE case of the prosecution, in brief, is that on that night between 21st and 22nd of April, 1974, the informant Yadu Nandan Singh (PW 6) was sleeping in the house of his neighbour Jai Karan Singh (not examined). At about 12.300' clock when he was not in complete sleep he saw about 10 -12 dacoits coming from north side flashing their torches and going to 'darwaja' of his house. Amongst dacoits, he identified appellant Anirudh Singh armed with 'jarsa', appellant Sushil Singh armed with 'bhala' and co - accused Lakshman Ram armed with a gun when the dacoits reached his 'darwaja'. Other dacoits who could not be identified by him were armed with, pistols, swords, lathis etc. At that time his two sons Nand Kishore Singh (PW5) and Pancha Nand Singh (since deceased) along with his grandson Umesh Singh (PW3) were sleeping on the darwaja of his house. The dacoits inquired from his sons about his whereabouts and when his sons knew that they were dacoits, they started running away from the place, One of the dacoits fired from his fire arm hitting on the back of the deceased Pancha Nand Singh who even after receiving injury managed to run up to the house of Phul Babu alias Triyogi Narayan Singh. (PW2) and fell down at his 'darwaja' and died. Nand Kishore Singh (PW5) went running to the informant. The dacoits tied Umesh Singh (PW3) with ropes and thereafter they entered the house of informant and took away clothes, ornaments, utensils, cash etc. worth about Rs. 41,000/ - and thereafter, they left the place after firing two rounds. When the informant came near his son Pancha Nand Singh he found him lying dead. On the morning of 22 -4 -1974 the fardbeyan of informant (Ext. 1) was recorded by ASI Suresh Prasad Singh (PW7) at Full Dumar out post and a case under Section 396, IPC was registered. ASI Suresh Prasad 'Singh (PW7) took up investigation of the case and on 22 -4 -1974 he reached the place of occurrence at about 10. O'clock, inspected the place of occurrence, found the dead body of Pancha Nand Singh lying at a distance of 65 yards from the house of informant, prepared inquest report (Ext. 2), seized fired cartridges of rifle from the place of occurrence prepared seizure list, collected blood - stained soil from the place of occurrence, found articles of three rooms of the informant scattered here and there, recorded statements of witnesses and on 23 -4 -1974 handed over the charge of investigation to officer -in -charge, Belhar.

(3.) ALTOGETHER 8 witnesses have been examined on behalf of the prosecution. Yadu Nandan Singh (PW 6) the informant and Nand Kishore Singh (PW5), son of informant, are the eyewitnesses to the occurrence who had identified the appellants amongst dacoits. Suresh Pd. Singh (PW 7) is the I.O. Sheo Kumar Dutta (PW 8) is an Advocate who has proved post - mortem examination report (Ext. 4) of deceased Panchanand Singh in the pen of Dr. N. K. Ghose. Balbhadra Narayan Singh (PW 1) is the hearsay witness who had heard about the dacotis and' their names from the informant. Triyogi Narayan Singh (PW2) is a witness up to whose house the deceased after receiving injury on his back by fire arm at the hands of dacoits had run and had fallen in his portico where he died in his presence. He was also told the names of dacoits taking part in the dacoity by the informant and his family members. He by relation is grandson of, informant. Umesh Singh (PW3) is another grandson of informant who at the time of dacoity was sleeping at the 'darwaja' of the house of informant and the dacoits had tied his hands by ropes. He could not identify any dacoit and was told by the informant that the appellants were amongst the dacoits. Lalan Kumar Singh (PW4) is a witness whose father is brother -in -law (sala) of Yugal Kishore Singh, son of informant and at the time of occurrence he was sleeping on the roof of the house of informant and has witnessed the commission of dacoity and was also assaulted with lathis by dacoits, but he could not identify the dacoits and was told the names of appellants by informant amongst the dacoits.