BAIJNATH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant against the judgment and order dated 23rd of September, 1996 passed by 3rd Additional Sessions Judge, Begusarai in Sessions Trial No. 418 of 1993, convicting the appellant Baijnath Paswan under Secs. 395 and 412 of the Indian Penal Code (hereinafter to as the I.P.C.) and sentenced him to undergo R.I. for 10. years and 5 years respectively. His sentences were ordered to run concurrently. Originally four accused -persons were tried for the offence Under Secs. 395 and 412, I.P.C. but the remaining three accused -persons were found not guilty and were acquitted and discharged from the liabilities of their bail -bonds. One of the accused Ram Pukar Tanti died during the pendency of the trial and hence proceeding against him was ordered to be withdrawn.

(2.) THE prosecution case in brief is that P.W. 5 (Bhagwan Mandal) in his fardbeyan (Ext. 3) recorded by P.W. 7 (Shakti Kumar, Verma), S.I. of Begusarai Town P.S. on 18.3.1993 at 12.30 hours in the field of Arjun Singh situated at Mohalla Miyachak Ratanpur, District Begusarai in which he alleged that on this day at 11.00 a.m. he opened the shop of golden ornaments belonging to his son Bijay Mandal. At 12.00 p.m. the wife of Kari Mallik came to his shop to pledge her silver Hasuli for Rs. 3,450.00 . While the information was giving the said amount to the -lady some of the dacoits entered inside the shop. One of the pointed pistol on him and asked to part with all the articles, including the cash. Thereafter, the dacoits started taking out ornaments arid cash etc. kept in the shop and in the cash book The informant caught hold one of the scuffling with him. In the mean time, another dacoit exploded bomb causing simple injury in the leg of the informant Several persons of the market assembled and the police party also arrived. The dacoits started running away who were chased by the local police arid also by the public. Two of the dacoits were apprehended and they Were assaulted at the hands of the local people. Arrested dacoits disclosed their names as Ram Pukar Tanti and Baijnath Paswan (appellant). They confessed their guilt and also disclosed the names of other accused person is with had accompanied them in the commission of dacoity. Prom the possession of Ram Pukar Tanti, some ornaments and cash Were recovered by the police. Seizure -list (Ext. 2/2) was prepared in presence of two independent Witnesses, namely, P.W. 1 (Ashok Thakur) and Ram Sagar Chaudhary (not examined) The appellant Baijnath Paswan was also searched in presence of independent witness and from his possession several ornaments and a cash amounting to Rs. 1,830.00 were recovered arid seized and another seizure -list. (Ext. 2/1) was prepared. The recovered ornaments and cash were identified on the spot by the informant and his family members belonging to their shop. Both the dacoits who had received injuries at the hands of public, were sent to Sadar Hospital, Begusarai for treatment. During the course of treatment accused Ram Pukar Tanti succumbed to the injuries. After completing investigation, charge -sheet was submitted and after commitment the trial proceeded in the Court below.

(3.) THE case of the Defence is that accused has been falsely implicated because of enmity with the informant and local people. The accused -persons had gone to the shop of the informant to demand their articles, which they have pledged with the informant, but he was not returning those articles in spite of payment of the price, hence a dispute arose and informant and his family members assaulted the appellant and co -accused Ram Pukar Tanti and handed over to the police after giving a colour of dacoity.