DEO KISHORE MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise out of judgment and order dated 30.6.1994 passed by the Sessions Judge, Bhojpur at Arrah in S.T. No. 428/86, they have been heard together and are being disposed of by this judgment. The appellants in both the cases have been convicted for the offence under Section 396 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) One Ratanjay Mishra, the informant, gave his fardbeyan on 10.11.1985 at 10.15 p.m. in the Sadar Hospital, Arrah that at about 7 p.m., he, his cousin Sanjay Mirhsa, his uncle Jagat Narain Mishra were sitting at the door of their house. At about 7.30 p.m., Bishundeo Mishra and Deo Kishore Mishra armed with'gun and Krishna Mishra armed with pistol came along with 20-25 unknown persons. Bishundeo Mishra ordered to assault and loot the articles of the house. Deo Kishore Mishra, Krishna Mishra and unknown persons tried to enter into the house. His uncle Jagat Narain Mishra obstructed the entry on which Deo Kishore Mishra fired causing injury to Jagot Narain Mishra who fell down on the ground. Thereafter, Krishna Mishra and 10-12 unknown persons entered into the house. While they were entering, he and his cousin Sanjay Mishra caught one unknown person but they were assaulted with lathi and pasuli causing injury on his head, finger of left hand and shoulder. His cousin Sanjay Mishra also sustained injury on his head and fell down. In the meantime, Arun Mishra came from the outside and when he reached near the door, Bishundeo Mishra fired which hit on his chest due to which he fell down. Some time thereafter, he heard sound of 5-6 firings in the court-yard. Binay Kumar Mishra and Ramawati Devi also sustained injuries. His brother Binay Kumar Mishra disclosed that Krishna Mishra fired causing injury. The dacoits looted clothes, ornaments and utensils from the house and ran away towards south of the village. Description of the culprits was also given by the informant. One of the culprits were called as Punjabi. During commission of dacoity, no people of the village came. However, after the dacoits ran away, the villagers Ramiya Mishra, Mahendra Mishra, Sajan Mishra, Nirmal Kumar Mishra, Ram Naresh Mishra, Jagdish Mishra and others came and they took his uncle Jagat Narain Mishra to the hospital. However, he died on way to the hospital.

(3.) On the aforesaid fardbexjan, a formal First Information Report was drawn, investigation was taken up and on conclusion of the trial, charge-sheet was submitted against eight persons. The Court on receipt of charge-sheet took cognizance and committed the case to the Court of Sessions for trial. The trial Court convicted the appellants as indicated above but acquitted rest of the persons who were facing the trial.