JAGDISH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant convicted . under Sections 395 and 412 of the Indian Penal Code and was sentenced to undergo RI for seven years on both accounts. However, both the sentences were ordered to run concurrently.

(2.) The prosecution case in short is that in the night of 5/6th April, 1984 at village Jamunia, P.S. Nautan there was dacoity in the house of Bishwanath Mahto, Rahman M. Ansari and in the shops of Amin Mian and Rajwansi Mahato in which properties were looted away by dacoits. It has been stated that when the informant Bishwanath Prasad was sleeping in the Janani Kita of his house, there were about 15 to 16 dacoits who entered into the courtyard by breaking the door. It has been stated that some of the dacoits forcibly broke open the door of his room and assaulted his father and he sustained injuries. The family members of. his house then came out in the courtyard. It has also submitted that the father of the informant was kept confined on his Baranda and the dacoits flashing their torches and started looting away articles from the house of the informant about half and hour. Some of the dacoits had covered their faces and some of them had not covered their faces. The description of the dacoits has also been stated in the FIR. It has also been stated that the dacoits were armed with bhala and lathi. Thereafter, dacoits taking the articles of the house fled away leaving their shoes and other old clothes. Thereafter, statement of the informant was recorded and the FIR was lodged against unknown. An FIR was lodged by Bishwanath Prasad on 6.8.1984 at 10.30. a.m. The police after investigation submitted charge-sheet against the accused persons. On 6.1.1986 accordingly cognizance was taken and case was committed to the Court of Sessions Consequently, the trial concluded and accused persons convicted, hence this appeal.

(3.) The appellant had pleaded not guilty and has stated that he has been falsely implicated.