DASAI AHIR ALIAS YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appeals arise out of the judgement passed by the learned 7th Additional Sessions Judge, Bhojpur at Arrah on 9.6.1988 in Sessions Trial No. 325 of 1982. While the three appellants were held guilty of committing offence under Section 396 of the IPC, some others like, Ram Dular Mushahar and Barhu Mushahar were acquitted of the said charge. While being heard on sentence on the same day, the learned trial Judge directed each of the appellants to serve rigorous imprisonment for life for their individual conviction under Section 396 of the Penal Code. The appellants question the propriety of the above judgement of conviction before this Court through the three connected appeals.

(2.) The prosecution case as contained in Ext-3 which is the FIR of P.W.6 Munshi Yadav, the informant of the case is that at about 12.30 in the night intervening the 4th and 5th of October, 1981, the three appellants along with 15-20 other dacoits came to the house of the informant. They picked up a bamboo lying there and put it by the wall of the house and climbed up the wall on to the roof. The culprits shot and killed Ram Nath Yadava, the son of P.W.6 who was sleeping with his wife there. Thereafter, they unbolted the doors of staircase to climb down the roof so as to entering the house for plundering the properties contained therein. It was alleged that properties like ornaments, clothes, utensils and cash of about Rs. 2500/- were taken away by the dacoits.

(3.) The informant indicated the identifying features of the dacoits in his FIR and stated that they were clothed in Lungi, Kurta, Dhoti, half Kurta and simply in Ganji also. Some of them appeared belonging to a particular caste and they were abusing the female inmates of the house and they were commanding them to show the cash kept therein. One of the dacoits was wearing a long cloth and he was a bit shorter and had painted his face in black so as to concealing his identity.