RAITU MOHAMMAD Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The appellants have been convicted for offence under Section 395 of the Indian Penal Code sentenced to undergo rigorous imprisonment for seven years.

(3.) Learned counsel for the appellants however, contends that this is a case of dacoity in the night of 06. 01. 1995, while the informant along with his family members were sleeping in the house 20-25 persons open the tatti fence and entered into Angan and committed dacoity. Seven persons have been named in the Fardbeyan on the basis of which F.I.R. was lodged and after investigation charge sheet submitted. However, only two out of seven named in the F.I.R. were charge sheeted and other were not sent up. Two persons Madan Mohan and Bhobha @ Manglu showing in the column 'not sent up'.