KALI CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under section 396 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for five years.

(2.) THE prosecution case, in brief, is that in the night of 1/2.9.1983 the informant Jawahar Sahani was sleeping in his house after bolting the door of his room. Suddenly at about midnight 15 to 20 dacoits entered inside the Angan of the informant. They started assaulting his brothers. The informant woke up on the sound and saw the dacoits. It is alleged that 3 -4 dacoits knocked at the door of the informants room and pushed it open. The informant aimed Bhala blows at the dacoits and one of the dacoits received injury on the chest and abdomen. Thereafter the dacoits ordered for murderous assault on the informant and also exploded bombs and gun shots. The informants uncle Mushai died as a result of bomb injury. The informant and his other brothers received injuries. It has been stated that subsequently the informant and his brothers chased the dacoits and raised alarm which attracted some of the villagers. It has also been stated that the dacoits also looted other neighbours of the vicinity. The Fardbeyan of the informant was recorded early in the morning and F.I.R. was drawn up. After completion of investigation charge sheet was submitted against the appellant. Thereafter the cognizance was taken and the trial concluded with the result as stated above.

(3.) THE appellant pleaded not guilty and has stated that he has been falsely implicated in this case at the instance of his enemy.