RASAYAN HAZRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence passed by Sri Shashi Kumar Choudhary, 3rd Addl. Sessions Judge, Motihari in Session Trial No. 81/83/1/87. Appellants were convicted under Section 395 of the Indian Penal Code.

(2.) The case of the prosecution, as described in the fardbeyan of Sukhpati Devi, was to the effect that on 5.2.1979, she was sleeping in a room with her husband and her mother and father-in-law were sleeping in another room. Suddenly, four persons armed with chhura entered inside her room and asked her as to where the properties of the house were kept. She told them that she had no property. Her box containing sari, blouse etc. were taken away. One of the dacoits pulled out her golden nose ring from her person. Box taken by the dacoits also contained silver payed and one golden nose pin. She claimed to identify the dacoits whom she had seen in the torch light. Her mother and father had also seen the dacoits and they could also identify them. Out of the dacoits who were 10-12 in number, some of them had entered inside various rooms of the house and some were standing in the courtyard. Yet some others were standing outside the house. They were all armed with dagger, iron rod etc.

(3.) The accused-appellants denied the charges levelled against them.