CHATTU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The batch of three appeals arise out the judgment dated 18th day of July, 1988 passed by the learned 3rd Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 128 of 1981. Altogether thirteen accused persons were put on trial of that case for committing offence under section 396 of the IPC. Appellants Ramawadhesh Singh and Chhathu Singh were also charged for committing offence under section 412 of the IPC. By the judgment aforesaid, out of thirteen, five accused, namely, Ramdahri Musahar, Ramashish Musahar, Sheopujan Singh, Girija Tato and Musafir Singh were acquitted while remaining accused except appellant Chhathu Singh were convicted of committing the offence under section 396 of the IPC and each of them was directed to suffer rigorous imprisonment for life. As regards appellant Chhathu Singh, he was acquitted of the charge under section 396 of the IPC but was found guilty of the offence under section 412 IPC with appellant Ramawadhesh Singh and each of the two was directed to suffer rigorous imprisonment for ten years. The appellants have brought into question their conviction and sentences passed upon them.

(2.) A dacoity appears committed in the house of one Hari Narayan Singh (P.W.4) in the night intervening 7th and 8th of July, 1980 at about 12.30 P.M. in which 15 17 unknown dacoits participated. While looting the properties the dacoits also fired at the inmates of the house as also on others. One such outsider Gupteshwar Singh was hit by gun shot fired by them and he succumbed to the injuries. Others who appear injured were P.W. 4 Hari Narayan Singh and three others, namely, Shashi Singh, Binde Singh and Raj Keshwar Singh (all the three not examined). The dacoits looted away the properties from the house kept in different boxes and also relieved the lady inmates of the house of the ornaments which they had put on their respective persons.

(3.) The informant was not the proprietor of the house in which dacoity was allegedly committed. He was a co villager who appears subsequently put on trial after being suspected of having his hand in commission of the offence and was acquitted. The informant claimed by giving certain identifying features which had been picked up by him that he could identify the culprits if he had the occasion of seeing them. Besides, he stated that the injured persons had rushed to Varanasi for treatment whereas deceased Gupteshwar Singh died there on the spot.