BABULAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal was filed about 14 years ago at the instance of 12 appellants. The order dated 1.8.1997 passed in the appeal took note of the fact that appellant No. 1 (Babulal Singh) and appellant No. 7 (Suraj Singh) were dead. The heirs of the deceased appellants did not come forward to prosecute the appeal and hence, the appeal in so far as the deceased appellants 1 and 7 were concerned stood abated.

(2.) This appeal is directed against judgment and order, dated 17.11.1987 passed by the 1st Additional Sessions Judge, Saharsa in Sessions Case No. 113/78. By the judgment and order coming under appeal all the 12 accused before the trial Court (including the ten appellants) were convicted under Section 396 of the Penal Code and were sentenced to undergo rigorous imprisonment for ten years.

(3.) The prosecution case was instituted on the basis of the fardbeyan of one Pavitra Tanti (PW 9) recorded at Salkhua PS on 4.4.1972 at 8 a.m. The fardbeyan was later forwarded to Bak hitiarpur PS where a formal FIR (Ext. 1) was drawn up and a case was instituted under Sections 147 148, 149, 323, 324, 448 and 380 of the Penal Code. Sometime later, one Tuntun Tanti. who had received injuries in that occurrence is said to have died which led to the addition of Section 396 of the Penal Code in the case. According to the prosecution case, as stated in the fardbeyan of Pavitra Tanti at about 10 in the night of April 3, 1972, 50-60 persons armed with lathi, bhala, gun, farsa, gandasa raided the house of the informant. Outside the house accused assaulted Tuno @ Tuntun Tanti, Shiva Tanti and Baldeo Tanti with lathi and bhala and caused serious injuries to them and then the accused entered into the houses of the informant, Nanhuk Tanti and Geni Lal Tanti and carried away some cash, ornaments and a number of house hold articles enumerated in the fardbeyan.