ANANT BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) This jail appeal has been preferred on behalf of both the appellants against the Judgment and order dated 19th of August, 1992 passed by the Additional Sessions Judge, Buxar in Sessions Trial No. 258 of 1991/65 of 1991 convicting both the appellants under Sections 395 and 307 of the Indian Penal Code, 1860 and sentencing each of them to undergo R.I. for 10 years and 7 years respectively. Their sentences were ordered to run concurrently.

(2.) The brief fact of the prosecution case is that on 14.9.1990 at about 7. p.m., the informant Bashisht Sah was at his shop. 8-10 dacoits entered his shop and started assaulting him. The informant ran his house to save his life. The dacoits chased him and entered his house. They assaulted Sarswati Devi, wife of the informant and also his brother. It is further alleged that appellant Gauri Bind gave lathi blow to the informant and when his father Munna Devi tried to save him, some of the dacoits fired on her. The dacoits took away Rs. 4,000.00 in cash and also other articles, both from the house and shop of the informant. In the light of 'Diya' the informant and family members identified both the appellants. On the next day, the fardbeyan of the informant, was recorded by S.I. Jugal Ram of Rajpur P.S., on the basis of which formal F.I.R. (Ext. 2) was drawn up and investigation took up. The injured were sent to State Dispensary for treatment. P.W. 5 (Dr. Umashankar Singh) examined them and submitted injury report (Ext. 1 series). After completing the investigation, the I.O. submitted the charge-sheet and after commitment, the Trial proceeded in the Court below.

(3.) The case of the defence is that they have been falsely implicated in this case because of previous enmity.