BALIRAM NONIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants were put on trial by framing charge under Section 396 of the Penal Code in Sessions Trial No.254 of 1986 and by judgement dated 4th of June, 1988 passed by the learned Sessions Judge, Gopalganj were found guilty of committing the above noted offence. Each of the appellants was directed to suffer rigorous imprisonment for life. The present appeal has been filed by them to bring into question the judgement of conviction passed against them.

(2.) Dacoity appears committed in the house of the informant(P.W.4) and before that in other houses of the village. The informant stated that on hearing a hulla, he woke up and came out of his house. He found that dacoity was being committed somewhere around the house of one, Bhagrasan Sao which was towards south of the place where the informant and others were standing. The dacoits started moving towards north and during that course they had looted the properties from the house of one Chaudhur Bhagat and while coming from the side of the house of Bhagrasan Sao, they were also firing shots. The dacoits gradually came to the house of the informant and by giving push to the doors of his house, broke it open and entered inside it. The dacoits plundered the properties from the house of P.W.4. It was stated by the informant that a Sen Releigh cycle valued at Rs.350.00, Philips Radio valued at Rs.300.00, a nose pin valued at Rs.50.00 and a torch of five cells valued at Rs.27.00- along with a leather bag of the value of Rs.20/- were taken away by the dacoits from the house of the informant. They plundered many houses and during that course, continued firing shots on account of which, the wife of the informant P.W.10 Sona Devi was also injured. Other injured persons were; Ram Jatan Sah, Kishori Devi daughter of Manger Singh and one Ramawati Devi daughter of Ram Prasad Singh. The informant stated that his wife P.W.10 stated to him that she had identified three persons amongst the dacoits and they were appellant Baliram Nonia, his younger brother and appellant Kadir Mian. The informant stated that most of the dacoits were young persons and one of them, was being addressed by as Vinod and they were counting one to three among themselves. The informant stated that the house of Ram Roop Sah(P.W.2), Shiv Nandan Sah (P.W.8), Manager Singh (not examined), Haneef Mian (not examined), Bikrama Sah(P.W.6), Deenanath Sah(P.W.5), Sheonandan Sah (P.W.1), Sujamat Hussain (not examined)were also plundered and they could also identify the dacoits. The dacoits were also making enquiry from Sheonandan Sah about the friends and relatives of the co-villagers of the informant who were resident of village Baraipatti and the witness was informing the dacoits that he had his friends there. The dacoits remained in the village for about an hour and retreated from thereafter.

(3.) The informant stated that he put all the injured persons on a bullock cart and brought them to Gopalganj sadar hospital where his fardbayan was recorded.