SHOBH NATH SINGH@ SHOBH NATH AHIR; SHITAL SINGH; RAM PRASAD SINGH; KIMAT SINGH; JAGDISH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above-mentioned appellants have been convicted for the offence under Section 396 of the India Penal Code (IPC) and sentenced to undergo imprisonment for life.

(2.) Short facts of the case of prosecution are that on 22.6.1976 while the informant, Hare Krishna Singh was going to ease from his house, he saw about 15-20 criminals entering the house through the main gate. When the informant flashed torch, five of the criminals caught him and dragged to the Court-yard. They were also searching the mukhiya and the gun of the family. The informant, thereafter, disclosed the place where the gun was placed. In the meantime female inmates of the house tried to save him but the accused-persons did not listen to the request and continued assaulting the informant with fists and slaps. It has been further alleged that some of the dacoits entered the house and took five of the boxes. When the accused-persons were coming out of the house, the informant heard the sound of gun firing due to which Surajnath singh died at the door. The informant also claimed to have identified the accused Sital Singh who was armed with doublebarrel gun, Kimat Singh armed with pistol, Laxman Ahir armed with countrymade pistol, Deoraj Ahir, Rajendra Ahir and Dukhi Ahir, all armed with daggers. He also identified Sital who was present and heading the dacoits.

(3.) On the basis of the above-mentioned facts, the Police registered a regular case under Section 396, IPC on the next day and took up investigation. Ultimately, on receipt of the charge-sheet cognizance of the offence was taken and the accused-persons were called upon to face trial. The defence of the accused-persons was total denial and it was further stated that they were falsely implicated due to enmity.