SHRIKANT PASWAN @ SRIKANT DUSADH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Statement (fardbeyan) of one Dwarika Thakur P.W.3 has been made basis for F.I.R. which in brief is to the effect that he (informant) along with all his family members slept in the house after taking meal, at about 12.00 midnight of intervening night of 25/26.12.1995, 10-12 persons entered his house after scaling the southern boundary wall, broke open the main door of the house, entered in room after breaking open its door also. They were variously armed with weapons. After giving some direction to look towards down, household articles including three boxes with clothes, ornaments and utensils along with snatched ornaments from the female inmates were taken away by dacoits. There is description of committing dacoity in the room of informant's brother also. Further detail of household articles, utensils, clothes and ornaments is not relevant as nothing is recovered to put on T.I. parade. None of dacoits were identified by name but description is given about their age in between 30 to 40 years and about their talking in Hindi with further description of their identification, for some of them it is said that they were covering their face. Alarm was raised after coming of dacoits from the house of informant and their going to the house of his informant's cousin, villagers gathered and dacoits left the place. Claim is made that they (dacoits) were well identified by face in flash of Torch and that has come to a reality when this appellant was identified by the informant P.W.3 along with P.W.1 and 4 Mahesh Pd. Thakur and Harendra Thakur.

(2.) After concluding the trial, the case is ended in conviction and sentence.

(3.) In all eight witnesses are examined in the case, three of them are re-examined after joining trial by accused Jhakar Yadav, Munna Singh, Kishun Yadav and Raju Singh who are acquitted of by the trial court. P.W.1 and 6 Mahesh Pd. Thakur, P.W.2 and 7 Anand Bihari Thakur, P.W.3 and 5 Dwarika Thakur informant of the case, P.W.4 Harendra Thakur, P.W.8 Jageshwar Thakur, P.W.9 Smt. Panna Devi, P.W.10 Dhirendra Kumar Mishra I.O. of the case, P.W.11 Suraj Singh, a formal witness to prove execution of T.I. chart.