SHEOJEE TANTI (SHARMA) Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted for an offence under Section 396 of the Indian Penal Code and has been sentenced to undergo R.I. for life by the judgment and order dated 27.7.1989 passed by 3rd Additional Sessions Judge, Saharsa, in Sessions Trial No. 94 of 1987.

(2.) The prosecution case as per the fardbeyan (exhibit-3), which was lodged by Kameshwar Yadav (PW.-2) is that on the night of 8.6.1985 at about 8:00 a.m. when he was sitting in the room outside of his house about 20-25 unknown persons forcefully entered, four of them held the informant and tied his hands and feet with Lungi, the rest entered into the house and went in the "courtyard". While doing so, they asked the informant as to where was the son of Saryoog Driver. The informant being the son of Saryoog Driver hid this fact and said that Saryoog Driver was out of station and his elder son has not returned from duty. The miscreants then entered in the courtyard and after about 20 minutes, the informant heard a gunshot fire. The miscreants then came out with certain articles and ran away. In the torchlight, electric light available, informant has seen the miscreants and could identify the miscreants, if shown again.

(3.) In the fardbeyan, it is further stated that when the informant went in the courtyard, his uncle, Sumrit Prasad Yadav (P.W.-1), who was in the courtyard disclosed to him that the miscreants had shot Ramphal Yadav, who had just entered the house, thinking he was Saryoog Yadav. Ramphal Yadav is cousin of Sumrit Yadav (PW-1). The informant in the fardbeyan itself strongly suspected that this incident was at the behest of his agnate Ramjee Yadav with whom there was land dispute and the miscreants were looking for some sale deeds and registration papers of some land and uncle also disclosed that the miscreants had removed some ornaments of ladies and taken away. The injured Ramphal Prasad Yadav was sent for treatment. Two empty cartridges were found at the place of occurrence, the miscreants are also alleged to have taken away Rs. 1900/- in cash from informant's house. They also took away other articles from the house details of which the informant claimed to supply later on after verification. Upon this, the case was registered under Section 395/120B IPC and investigation was taken up.