RAGHU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment and order dated 5.6.1987 passed by 3rd Addl. Sessions Judge, Saharsa in S.T. No. 63/33 of 1982/85 whereby the appellants have been convicted for the offence under Section 396 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) One Rameshwar Singh gave his fardbeyan on 17.9.1980 at about 9.30 p.m. that in the night, he was sleeping in the eastern varanda of his house along with his grand-daughters Madhulata and Kiran Kumari aged about 5/7 years respectively. His daughter Kamla Devi was sleeping in western room of the house. His son Rajendra Prasad Singh was sleeping in the outer room. His another son Anil Kumar Singh and a villager Mahendra Singh were sleeping in the room adjacent to the aforesaid room. His servant, namely, Chatu Sah was sleeping in the outer varanda of the house. At about 1 a.m., he woke up hearing barking of the dog and also call of Kamla Devi his daughter. He found that some body was pushing the plank of the door. He along with his daughter out of fear ran away through the back door of the house and raised alarm. On hearing alarm Bhikhan Sada, Krit Narain Singh, Kailash Singh, Gajendra Singh, Upendra Singh, Dev Narain Singh and Deep narain Singh came there. In the meantime dacoits fired. After some time, they proceeded towards the dacoits but again the dacoits fired. The people of the village also came. Dacoity was committed for about 30-40 minutes. He had torch and was standing at the southern side. After committing dacoity, dacoits proceeded towards east. He identified the appellants in the light of his torch and also claimed to identify other dacoits by face. Some of the dacoits were wearing ganji and half pant. Some of them were concealing their heads. Some of them were tall and some of them were of average built. Some of the dacoits had torches, some had lathi, Tengari, and one of them had gun. While running away the dacoits fired. Some of the villagers were on the road. There also, the dacoits fired. However, dacoits ran away towards east. After the dacoits ran away, several people of the village assembled then he learnt that the dacoits snatched the chain from the neck of the daughter of Ramji Das. Some time thereafter, Sita Ram Mahto and others brought Umesh Mahto in injured condition in a pool of blood. They disclosed that he had been killed by the dacoits. Sahdeo Mahto also came in injured condition. He learnt that the dacoits had tied his son Rajendra to the cot. They also assaulted fishermen. The dacoits broke the box, attaichi and took away utensils, clothes, watch and Rs. 3,000/-.

(3.) On the aforesaid fardbeyan on formal First Information Report was registered, investigation was taken up. On completion of investigation, charge-sheet was submitted against seven persons. On receipt of charge-sheet, the Court took cognizance and committed the case to the Court of Sessions for trial. During pendency of the trial, charge-sheeted accused Vidya Yadav died. However, the trial Court convicted the appellants as indicated above.