BHOLA BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals arise of the same judgment and have been heard together and are being disposed of by a common judgment.

(2.) Appellant Ram Ekabal Paswan and appellant Bhola Bhagat have been convicted under Sections 395 and 397 of the Indian Penal Code and they have been sentenced to undergo RI for 7 years each. Appellant Ram Ekabal Paswan was also convicted, under Section 412, IPC but no separate sentence has been passed under this section.

(3.) The prosecution case, in short, is that in the night of 19/20th February, 1996 the informant was sleeping in his Baithka and at about 12.30 in the night some persons came and started assaulting him with lathi and other demanded money from him. It has been stated that the informant, however, managed to come out from his Baithka and started raising alarm. It has been stated that the informant saw that several dacoits entered into his house and four of them brought his brother from his house and caused gun shot injury by means of Narkatua gun. The informant identified the appellant, Ram Ekbal Paswan, who was armed with country-made gun and appellant Bhola Bhagat armed with bhujali. In the meantime, villagers arrived and started challenging and surrounding them with lathi, bhala and farsa, etc. It has been stated that one of the dacoits, who had sustained farsa injury, fell and the villagers started assaulting him. He disclosed his name as Jodha Sahni. He also disclosed the names of four other persons. Later on he succumbed to the injuries. It has been stated that dacoits looted away some ornaments, clothes and cash. It has also been stated that dacoits were 15-20 in number. On the basis of the statement of the informant, case was registered in Mehshi police station at Mehshi PS Case No. 9/96 dated 20.2.1996. After completion of the investigation charge-sheet was submitted by the police against the appellants. Cognizance was taken and the case was committed to the Court of Sessions for trial Ultimately, trial concluded with the result as indicated above.