NASRUL MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal no. 23 of 1974 is a regular appeal filed by two appellants, namely, Nasrul Mian and Sismohammad. Criminal Appeal No. 30 of 1974 is an appeal from jail on behalf of four persons, namely, Ramamal Pahadia, Surya Pahadia, Chandu Pahadia and Gangi alias Gangu Pahadia. As both these appeals arise out of a common judgment, they have been heard together and will be disposed of by this judgment.

(2.) The appellants appeal against their conviction under section 396 and sentenced of life imprisonment.

(3.) The prosecution case in brief is that on the night between the 17th May, 1970, and the 18th May, 1970, about 60 to 80 dacoits including these appellants raided village Jamalo within Sundar Pahadia police station of the district of Santhal parganas. In groups, they raided and ransacked the houses of various persons, as for example, P. W. 1 (informant) Barku Tudu, Suphul, Motka, Pagan, Chodu, Motku Bindu and Dhanwa Pradhan. They looted grains, clothes, utensils, chickens and goats. During the commission of the dacoity, they also assaulted and killed Pradhan Dawa Tudu whose daughter is P. W. 16 (Rita Tudu).