UGRESH THAKUR AND ORS Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) Three appeals have heard together and disposed of by the common judgment as all the three appeals arose out of the same judgment and order dated 9 th March, 1995, passed by Shri Rameshwar Tiwary, 3 rd Additional Sessions Judge, Madhubani, in Sessions Trial No. 67 of 1995/ 127 of 1996, by which he has convicted the appellants for offence under Section 395 I.P.C. and sentenced to undergo rigorous imprisonment for seven years.

(3.) The prosecution case as alleged in the Fardbeyan by the informant Bauan Khatbe that in the night of 24/25 th June, 1984 at about 12 midnight while he was sleeping at his darwaja then his wife came from orchard and got him awaken in the meantime 20-25 persons came lit the torch out of whom he identified then his wife also lit the torch and asked Ugresh Thakur that why he had come but in the meantime, Swarup Paswan, aged about 65 years, Raj Kumar Paswan aged about 42 years, Bauku Paswan aged about 40 years and Shivlal Paswan, aged about 60 years armed with lathi and fata assaulted her and some persons entered into the house by breaking open the door (kundal) and they assaulted his son and daughter and looted away articles.