BINOD GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In Criminal Appeal No. 25 of 1990 an affidavit has been filed on behalf of the sole appellant, Shambhu Mishra that he died on 29th October, 1999, during the pendency of the appeal. In this view of the matter this appeal stands abated.

(2.) All the appellants of Criminal Appeal No. 21 of 1990 have been convicted under Section 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 8 years. Appellants Binod Giri and Raghubar Sah have been further convicted under Section 412 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 8 years. However their sentences have been ordered to run concurrently.

(3.) The prosecution case as narrated by PW 10, the informant Diwakar Giri in brief is that in night of 25.2.1971 about 20 to 25 dacoits armed with torch, gun etc. came at the house of informant and after breaking open the door of the room they entered into his house and took away cash, ornaments, gun and rifle and they left one country made pistol and Khanti which belonged to them. It has been further alleged that they broke open the box, almirah etc. of his house and dug the ground and took away cash etc. kept under earth and the iron safe was also got opened from which.cash, ornaments golden and silver coins of the time of Victoria and King George were looted away by them. Some ornaments and utensils were also taken away them. The dacoits assaulted some servants of the informant who were sleeping at his Darwaza. It has been also alleged that there was hand of one Ram Prasad Giri servant of the informant in this dacoity and he was not assaulted by the dacoits. The detailed list of articles, clothes, coins (gold and silver) was given in the FIR. The fardbeyan of the informant was recorded at Ramnagar PS and FIR was drawn up. After completion of the in- vestigation the Police submitted charge-sheet against the appellants. Cognizance was taken and the case was committed to the Court of Sessions where the trial concluded with the result as stated above.