PARAS RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appellants were put on trial by the learned Sessions Judge, Gopalganj, by framing charge under Section 395 of the Indian Penal Code. By the judgment dated 22.12.1993, delivered by the learned 3 rd Additional Sessions Judge, Gopalganj in Sessions Trial No. 101 of 1986/19 of 1992, the three appellants were found guilty of committing the said offence and each of them was directed to suffer rigorous imprisonment for five years. As regards 4 th accused Shri Kant Thakur, he was also put on trial along with the present set of appellants and he was acquitted of the charge after extending the benefit of doubt to him.

(2.) There is no dispute about the fact that a dacoity was committed in the house of the informant Rameshwar Thakur on 16.1.1992 at about 11 P.M. in which Rajesh Kumar Mishra, P.W.5, was injured. It is also not disputed that the police had recovered certain articles, like khanti, etc. which were used in assaulting the injured during the course of dacoity. Besides, it had also seized blood stained earth from the place of occurrence. The appellants are not disputing the fact that the properties might have been looted away from the house of the informant. However, what they are disputing is that on account of deep rooted enmity which was continuing on the day of the occurrence also, they had been falsely implicated by being named in the F.I.R.

(3.) P.W.1 had investigated the case and had recorded the objective finding and found blood stained khanti and other articles outside and inside the house of the informant and stated that he had seized them. He stated that he wanted to record the statements of the witnesses but they were stating to him that unless Rameshwar Thakur, P.W. 8, had not come back from Gopalganj, they would not make any statement. This is worth mentioning that the said Rameshwar Thakur is the informant of the case and on the basis of his long statement given in his fardbeyan, the F.I.R. of the case was drawn up.