RAM ASHIS DOME Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred this appeal against the judgment and order dated 28.9.1994/30.9.1994 passed by 6th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 1120 of 1979. Whereby the sole appellant has been convicted for the offence under Section 396 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) The informant, Rustam Mian, gave his fardbeyan 1.11.1976 at about 9 a.m. in the hospital that he along with members of his family was sleeping in the house. At about 2 a.m. the dacoits entered the house after opening the door. They were flashing torch. His uncle Sultan Mian and father Wazir Mian also woke up. The dacoits caught them and there was scuffle. In the light of the torch he saw 8-10 dacoits out of whom he identified Ram Ashish Dome, the appellant, with country made gun, Chola Dome and Langra Dome. The dacoits were wearing Dhoti, Lungi, Shirt, etc. and they were of different size. Sultan Mian caught Chola Dome and Wazir Mian caught another dacoit. Chola Dome shouted on which the appellant fired causing injury on the back of Sultan Mian. The other dacoit fired causing injury to his father, Wazir Mian. Some female members also sustained injury. The dacoits took away boxes and other articles from his house and from the house of Sultan Mian. On hearing alarm villagers assembled and chased the dacoits. During chase five persons sustained injury and they fell down. Thereafter, they were assaulted by the people and four of them namely, Chola Dome, Laxman Dome, Munna Dome and Kedar Dome died. Lengra Dome was caught and he disclosed that the appellant called them to commit dacoity. The injured Sultan Mian and Wazir Mian were taken to Nasriganj hospital where Sultan Mian died and his father Wazir Mian was taken to Patna for treatment.

(3.) On the aforesaid fardbeyan a formal First Information Report was drawn. Investigation was taken up and on completion of investigation charge-sheet was submitted. On receipt of charge-sheet in the Court cognizance was taken and the case was committed to the Court of Sessions for trial. During trial the appellant and Darogia Dome were put on trial. The trial court convicted the appellant as indicated above, however, acquitted Darogia Dome.