ADALAT CHAMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed by Fast Track Court No. 1, Saran at Chapra on 14th May, 2003 in Sessions Trial No. 51 of 1990 by which the learned Presiding Judge of that court found the Appellants guilty of committing offence under Section 396 of the Indian Penal Code and directed each of them to undergo rigorous imprisonment for life.

(2.) The prosecution case is contained in the Fardbeyan of Ram Kishun Rai (P.W. 5) recorded on 28.4.1989 in State Dispensary, Manjhi. He stated that he woke up on cry of his brother, Nanhak Rai, (the deceased) and rushed towards him. Three-four dacoits intercepted him and also assaulted him with Lathi. He claimed to have identified the three Appellants among the dacoits. It was alleged that one of the dacoits snatched Hasuli of forty Bhar from his Bhabhi, Munra Devi (P.W. 4). The deceased, who was sleeping just near P.W. 4, attempted to catchhold of the dacoits, who badly assaulted him rendering him unconscious. Nanhak Rai was found bleeding from his mouth, nose and head. In the meantime, the Appellant, Sattar Ansari, snatched the wristwatch from Dhanji Rai (P.W. 1), who was also sleeping just by the side of the deceased upon which Dhanji Rai (P.W. 1) also attempted to catchhold of the dacoits upon which Adalat Chamar assaulted P.W. 1 with Lathi. Thereafter, dacoits entered into the house of the deceased Nanhak Rai to plunder the properties.

(3.) The informant stated that he had very well seen the dacoits and could identify them if he could again have the occasion of seeing any of them. He gave the features of the dacoits upon which he had identified them and he further claimed that he alongwith his family members specially, P.W. 4, Munra Devi may also identify the dacoits. While describing feature of the dacoits, the informant (P.W. 5) stated in his fardbeyan that dacoits were 10-12 in number and they had put on turbans on their heads and they were of different complexions and were also of different statures.