TRIBENI TURHA @ SUKAR TURHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted for offence under Section 396 of the Penal Code and has been sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case, as alleged in the fardbeyan of the informant, Ram Nath Ojha, is that in between the night of 19th and 20th March, 1980, at about twelve in the midnight 15-20 dacoits came armed with lethal weapons and tried to get open the door and, thereafter, they broke open the main gate and entered court yard and looted the property by breaking open the boxes and when they tried to enter into a part of the of the house where female inmates reside then the informant along with his family members fled away to house of his neighbour in east. Further, case is that Dhruvmani Ojha, neighbour, was pelting stones upon the dacoits from his roof while the dacoit resorted to firing causing injury to Dhruvmani Ojha by which he also received fire arm injury. Further, case is that when P.W. 2, Sheo Dayal Ojha, came on hulla and asked who is there and then he received fire arm injury. Further, case is that the dacoits were also talking amongst themselves addressing as Punjabi and Sardar and, thereafter, the dacoits fled away and then the injured, Dhruvmani Ojha, was brought to Bihiyan Hospital where he succumbed to injury. Further, case is that the prosecution party has seen the dacoits in the light of torch and the neighbours have also identified them, but, they have not identified the dacoits with there name rather by face.

(3.) The fardbeyan was recorded at 02.45 a.m. on 20.03.1980 at Bihiyan Government Hospital and, thereafter, the first information report was lodged and investigation proceeded. After investigation the charge sheet was submitted under Section 396 of the Penal Code, cognizance was taken and case was committed to the Court of sessions. After the commitment the charges were framed against Mahanth Koeri and Tribeni Turha @ Sukar Turha for offence under Section 396 of the Penal Code and Mahanth Koeri. However, during the trial Mahanth Koeri absconded and, hence, his trial was bifurcated and the trial of the appellant proceeded.