ROJAN MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence passed by Sri B.D. Pathak, 2nd Additional Sessions Judge, Aurangabad in S. Tr. No. 222/97/6/97. The sole appellant Rojan Mian was convicted under Section 395, IPC and sentenced to undergo RI for 7 years as also to pay a fine of Rs. 3,000/- and in default of payment of fine to undergo RI for two years. One Jamir Mian who was also facing trial with the appellant was acquitted.

(2.) The case of the prosecution, as per the FIR, is that on 8.9.1996 the informant was sleeping in his house. At 11.30 p.m., his door was broken open and six criminals entered into his house. Rojan Mian tied both the hands of the informant on his back and took him outside the house and made him sit there and one person was left as a guard upon him and, thereafter, Rojan Mian and Other criminals entered inside the house and ransacked and carried away various articles including clothes, boxes, radio, etc. While retreating the dacoits threatened the informant to kill him if he raised any alarm. When the dacoits left, the informant raised alarm and the villagers gathered, who ran in search of the dacoits who had managed to escape by that time. In the morning, some boxes were recovered in broken condition in the open field of the villagers. The accused was claimed to have been identified in torch-light. The accused-appellant took the defence of false implication.

(3.) Nine witnesses were examined by the prosecution during course of trial and the defence examined one witness. PW 1 was the Sheo Nandan Choudhary, the informant of the case. PW 2 was Pramila Devi and PW 3 was Kusumi Devi wife of Sheonandan Choudhary, PW 4 is the husband of PW 2. PW 5 Sunita Devi and PW 6 Bhajan Choudhary are the other witnesses to the occurrence. PW 7 is the Surajbansh Singh who is the I.O. of the case. PW 8 Ramdas Choudhary is the seizure-list witness (Ext. 2). PW 9 was Subhash Chandra, Judicial Magistrate, who spoke about the T.I. parade DW 1 is Pravesh Kumar Singh who brought on the record Exts. A, B and C.