REGENT COMPUTRONICS PVT. LTD.

SHYAM NARAYAN SINGH Appellant

V/S

STATE OF BIHAR Respondents

Referred Judgements :-

JUDGEMENT

(1.) Appellant Shyam Narayan Singh, Lok Nath Singh and Rajendra Singh have been convicted under Section 396 of the Indian Penal Code and sentenced to rigorous imprisonment for life each.

(2.) The case of the prosecution appears to be that in the night between 13/ 14/10/1974 at about 1 a.m. when the informant Ram Lagan Singh (P.W. 6) was sleeping in southeast facing room of his house having a western door, then P.W. 4 Raj Nath Singh (grandson) came and said to him that the dacoits had come in and he was sleeping. He got up and went into his Angan and saw about 10 or 12 dacoits there and the dacoits were taking out articles from the rooms and they were lightening their torches. In the torchlight as well as in the electric light in the Angan he identified Sahendy Dusadh and Shyam Narayan Koiri. The dacoits gave him a lathi blow on his right hand upon which he fell down. Then again he was given two lathi blows. On getting blows he cried, then his son Chandradip, who was sleeping on the roof, woke up and peeped down and made enquiry, when one of the dacoits fired from his gun hitting the son Chandradip who fell down on the roof. Again second fire was shot. In the meantime the villagers came running and Jagarnath Singh, Mukhia of the village also fired upon the dacoits upon which one of the dacoits outside the house also fired. The dacoits began to run away. While fleeing the dacoits fired outside. Hari Narayan Singh, Rameshwar Singh, Jagarnath Singh and Rajendra Singh also got injured from the gunshot. They came to the spot on hearing hulla. The dacoits ran away. One of the dacoits snatched away the wrist watch of the son of informant, namely, Munshi Singh. From his room two boxes and articles were taken away. Also from the room of Indradeo Singh articles were taken away. In his room one of the lock of Almirah was broken and the dacoits took away articles from it also. After going of the dacoits, Jagranath Singh, Rameshwar Singh, Guput Singh, Cibil Barahi Radhey Shyam Singh and others collected and then the informant gave out about the occurrence and identification. His son Sheopujan Singh, who at that time was inside the room, identified through window Shyam Narayan Koiri taking away the goods and identified appellant Rajendra Singh also. Dacoits also went upon the roof and disconnected the line on account of which light got off. After dacoity when he was going to inform the police by telephone, then Raj Nath Singh informed him that the victim had died and then he came back. The officer-in-charge Param Hansh Singh (not examined) came to the spot the samenight and recorded the fard-beyan (Ext. 3) on. 14-10-74 at 4 a.m. in which the details of articles looted have been given. On the basis of the said fard-beyan the first information report (Ext. 4) was instituted on the same day at 6 a.m. at Dehri Police-station against the named accused. The investigation started. The dead body was sent for post-mortem examination which was done by Dr. Baleshwar Singh (since deceased) who submitted post-mortem report (Ext. 2) which has been proved by P.W. 8 Ram Chandra Pandey. The injuries of injured Rameshwar Singh, Hari Narain Singh, Ram Lagan Singh (P.Ws. 1, 2, and 6) and Rajendra Singh (not examined) were examined by Dr. Rameshwar Singh (P.W. 7). After completing investigation charge-sheet was submitted against the appellants.

(3.) The accused, in defence, denied the prosecution case and said that they have been falsely implicated in this case. No witness, in defence, however, has been examined.

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SHYAM NARAYAN SINGH Vs. STATE OF BIHAR

Referred Judgements :-

JUDGEMENT

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