GOPAL MAHTO, SON OF RAM SWARUP MAHTO, RESIDENT OF VILLAGE DAMAILIGHAT, POLICE STATION MIRGANJ (DHAMDAHA), DISTRICT PURNEA Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The appellant has been convicted under Section 392 of the Indian Penal Code read with Section 397 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years.

(3.) The prosecution case, as alleged, in the fardbeyan of the informant is that on 27.09.1997 at about 7:00 P.M. he rushed to his house. On Hulla of his wife Ramabati Devi knew about the thief the informant saw that Gopal Mahto armed with gun and Yugal Mahto was taking the articles of his house. Gopal Mahto and Yugal Mahto came out and pointed out his gun to the informant. Thereafter Ram Chandra Paswan the nephew of the informant reached there. Gopal Mahto pointed out his gun on him and commanded to give the articles else he will be killed but in the meantime Salaindra Paswan the brother-in-law of the informant and his son Jalandhar Paswan, Jugeshwar Paswan, Ambika Paswan, Ram Balak Paswan, Permanand Paswan reached there and caught hold of Gopal Mahto and snatched his gun. Yugal Mahto was also caught hold of him and from his possession a Lota and two live cartridges were recovered.