NANDU PASWAN AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard, learned counsel Amicus Curiae and learned counsel for the State.

(2.) These appeals are filed against the Judgment and order dated 24.09.1998 and 26.09.1998 passed by the Ist Additional Sessions Judge, Samastipur whereby and whereunder appellants have been convicted and sentenced to undergo R.I. for 10 years for the offence under Section 395 I.P.C. and 5 years for the offence under Section 412 of the I.P.C. and to run both the sentences concurrently.

(3.) Prosecution case, in brief, is that in the night of 27.10.1992 while all the family members of the informant were sleeping, they were asked to open door by appellant Dorik Rai finding no response dacoits broke open his door entered the house and committed loot of house hold articles. In course of dacoity, P.W.5 succeeded to came out from the house made alarm villagers gathered. They along with Police Officials chased the dacoits. Three of them were caught also.