BABU LAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under section 439 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as "the Code") for grant of bail to the nine petitioners who along with others are accused in a case under section 396 of the Indian Penal Code.

(2.) Prosecution Case is as follows : - On 17th August, 1979 at about 7.15 p m. 30 to 35 dacoits armed with country-made guns, pistols, garasas etc. committed dacoity in the house of the informant, Md. Reazuddin, and killed his son, Kalim Akhtar. It was the month of 'Ramzan' and having broken fast the informant was taking tea at his Darwaza, His son Mansoor Alam was taking tea in the eastern room of his another son, Kalim Akhtar, (deceased) was taking tea on the southern Verandah of the Angan. Lantern was burning at the Darwaza and also in the Angan. Females were cooking food in the Angan. The first informant first saw only 6 unknown persons near the main gate of his house. He asked them as to who they were. They warned him to keep quiet otherwise he would be killed. They lifted him from Darwaza and took him to the Southern Verandah of the Angan. There the informant saw 30 or 35 dacoits surrounding his son, Kalim Akhtar The dacoits were armed with country made guns, pistols, garasa etc. It is said that the petitioner Babu Lal asked the informant to produce his licensed gun and cash otherwise his son (Kalim Akhtar) would be killed. The informant and Kalim Akhtar could not speak a word out of fear. In the meantime accused Ramdeo said that the informant and his son would not produce the licensed gun and cash unless they were assaulted. Thereupon, petitioner Babu Lal fired at chest, of Kalim Akhtar with country made pistol. Being badly injured Kalim Akhtar fell down. The dacoits terrorised the women of the family also. Petitioner Ram Pravesh aimed Garasa on the informant saying that he would not show his gun without being assaulted. The informant caught the garasa with his left and with the result that he received injuries on his left hand. There upon the informant, out of fear, pointed out his licensed gun and catridges, which were kept at a safe place in the room of Kalim Akhtar, to petitioner Babulal and accused Ram Yadav. Dacoits took away informant's licensed gun aad 40 cartridges besides ornaments, transistor, sewing machine, clothes etc. Worth more than Rs. 15,000 Kalim Akhtar succumed to his injuries. Mansoor Alam could some how manage to escape through northern gate. The dacoits ransacked the house for about half an hour. While returning with the looted properties they fired at some of the villagers, namely, Sukhlu Yadav, Rafiur Rahman and Rambilas Rabidas who had surrounded them. It rained at night and, therefore, no information could be sent to the Police Station on that night. The A. S. I. visited the place of occurrence at about 1.30p.m. on the following day when the informant gave his fardbeyan.

(3.) On completition of investigation the Police submitted charge-sheet dated 16th November, 1979 (Annexure 2) against nine petitioners besides 8 others. The charge-sheet appears to have been put up before the Additional Chief Judicial Magistrate on 21st December, 1979. [n the charge-sheet it is stated that the investigation in respect of 3 of the accused (not the petitioners) was not complete and, therefore, charge sheet, if any, in respect of those 3 accused persons would be submitted later on. So far as the remaining accused persons including the 9 petitioners are conceraed, the investigation was complete and full-fledged charge-sheet was submitted against them.