RAM BHAROS MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Ram Bharos Mahto was tried by the Session Judge in S T. No. 170/86 on the charge of committing dacoity with murder allegedly in the night between 12/13 January, 1986 alongwith 15 other dacoits in the house of Ram Binod Sharma, first informant (P. W. 9) dnring commission of wbich Ganaur Sharma, father of the first informant was killed by the dacoits and he has been found guilty under Section 396 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) Facts relevant for disposal of this appeal may be briefly stated. On the night between 12/13 January, 1986 the first informant and his family members were sleeping in their house at village Keota tole Kagpur, P. S. Dalsingsarai, district Samastipur. At about 1 A. M. 15 dacoits entered into their house and committed dacoity. In course of commission of dacoity, they assaulted Ram Binod Sharma, first informant (P. W. 9), his father Ganaur Sharma (the deceased) and his brother Jagdeo Thakur (P. W. 8). As a result of injury sustained by Ganaur Sharma, the father of the first informant, he died. Subsequently, one of the dacoits named Mahendra Rai alias Gajua was caught by Jagdeo Sharma (P.W. 8), the brother of the first informant and other dacoits fled away after commission of the dacoity leaving his associate dacoit who was caught by Jagdeo Sharma (P. W. 8). It was found that the dacoit who bad been caught by Jagdeo Sharma (P. W. 8) was none-else but a co-villager of the first informant named Mahendra Rai alias Gajua. On hulla the villagers arrived at the place of occurrence and in presence of the inmates of the house and the villagers Mahendra Rai alias Gajua confessed his guilt and also named appellant Ram Bharos Mahto as one of his associates who had taken part in the dacoity. Mahendra Rai alias Gajua was brutally assaulted by the villagers, as a result of which he sustained injuries. On the very night of occurrence S. I. S. P. Sinha (P. W. 14) of Dalsingsarai P. S. arrived at the place of occurrence and at 2 A. M. on the statement of Ram Binod Sharma (P. W. 9) he recorded the fardbeyan (Ext. 4) on the basis of which formal F. I. R. (Ext. 7) was drawn up.

(3.) After completing investigation, the police submitted charge sheet against the accused appellant on the basis of which cognizance of the case was taken. Thereafter the case was committed to the court of Sessions and the trial proceeded accordingly.