SURENDRA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant has been convicted for offence under Section 395 and 412 I.P.C. and has been sentenced to undergo rigorous imprisonment for ten years for offence under Section 395 I.P.C. and further sentenced to undergo rigorous imprisonment for ten years for offence under Section 412 I.P.C. However, both the sentences shall run concurrently.

(3.) The prosecution case that in the intervening night of 1 st to 2 nd March, 1995, at about 1 A.M. the informant woke up on hulla beside his house and went upstair then saw 25-30 accused persons armed with rifle, gun, pistol standing at his door and asked to open the door and he identified one co-villager Surendra Sharma. It is further alleged that miscreants were saying that they do not take articles but cut the head then he came down and closed himself in a room along with female members of the house. Thereafter, miscreants scaled the house got over the roof and entered into the courtyard. Then open the main door from which all the miscreants entered into the house and started ransacking and looted 25 boxes, out of which 5 big boxes and 20 smalls boxes which contained 15 bhor of gold jewelleries, 400 silver coins, 4 gunny bags filled of utensils of brass and copper and 7-8 gunny bags of rice and Rs. 12,000/- in cash. It is further stated that thereafter miscreants making out search for him, they were calling his name abusing him and alleging that he votes for Congress and looted booths. The female members of house conceal him in a kothi. In the meantime the miscreants start breaking the door of the room then female inmates open the door from inside and miscreants entered into the room. Thereafter all the accused persons went out of his house then he came out of kothi and came out of the outer dwaraja then saw miscreants are going making slogan of Bajarangbali with their torch light. He claimed that in their said torch light he and his female inmates have identified them.