RAM BARAN CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Each of the appellants has been convicted for the offence punishable u/s 392, I.P.C. and sentenced to undergo Rigorous Imprisonment for eight years and also to pay a fine of Rs. 2,000/- and in default, to undergo Rigorous Imprisonment for a further period of 2 years.

(2.) It appears that the informant, Raghvendra Narain Singh, (P.W. 3) was MunshiT (Manager) on Petrol Pump of one Alakhdeo Singh (P.W. 1) situated at Simarkole village within Rajauli Police Station in the district of Nawadah. On 6.2.1974, at 4 P.M. he was sitting in the office of the said petrol pump. Lal Mohan Rana, a coolie of the Petrol Pump, was also there. Four persons arrived there in a car and demanded petrol. The informant informed them that there was no petrol. Then they demanded mobil oil and the informant supplied 5 litres of mobil oil to them. One of the four returned to his car and kept mobil oil therein. He came back to informant's office and made over a currency note of Rs. 100/- denomination to the informant. When the informant opened the drawer of his table by means of a key, the said person whiped out a country made pistol and asked him to keep quite. He warned him that in case he raised alarm he would be shot dead. His three companions surrounded him and Lal Mohan Rana. One of the three moved the sale proceeds from the drawer and his wrist watch from his hand. They also removed some other properties. While retreating they switched off the light and closed the door of his office from out side. All the four escaped in the car. After the departure of the miscreants, the informant raised alarm which attracted some people. He then informed his employer. FIR was lodged at 9 A.M. on the same day at Rajauli Police Station situated 2-1/2 miles away from the place of occurrence.

(3.) In course of investigation, the police arrested the three appellants and one Indradeo Singh on the same day i.e. 6.2.1974. They were put on Test Identification Parade on 30.7.1974. Informant Raghvendra (P.W. 3) Identified appellants Md. Eqbal and Noar Islam and Indradeo Singh. He could not identify appellant Ram Baran Chaudhary. Again they were put on Test Identification Parade on 11.9.1974 and Lal Mohan Rana identified only appellant Md. Eqbal. Police submitted charge-sheet against all the four and in due course they were put on trial. The 2nd Assistant Sessions Judge, Nawadah, convicted and sentenced them as said above.