CHINAY YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision is directed against judgment dated 6th August, 1984 in Criminal Appeal No. 68 of 1982 (14 of 1984) of the Court of the 3rd Additional Sessions Judge, Bettiah, District West Champaran, dismissing the appeal and upholding the order of the Second Assistant Sessions Judge, Bettiah, dated 14th June, 1982, passed in Sessions Trial No. 126 af 1976 convicting petitioner Chinay Yadav (and another) for the offences punishable under Sections 399 and 402 I. P. C. and sentencing him to undergo rigorous imprisonment for four years on each count.

(2.) Briefly stated, prosecution case is that on the night in between 19th and 20th April, 1975, a police party headed by informant N. Mishra. the then officer-in-charge of Valmikinagar Police Station in the district of West Champaran, was on night round At about 2.30 A.M. the informant and his parly saw 7-8 persons sitting in Jagdhawa forest. Having a look at the police party, they started running. But on chase petitioner Chinak Yadav and another Gopi Yadav were arrested while their associates managed to escape. The chasing police party was fired upon. Police Party, too, opened fire but without success. In due course petitioner Chinak Yadav and Gopi Yadav were put on trial for the offences punishable under Section 399 and 402 I. P. C and were convicted, as above. They preferred an appeal which was dismissed.

(3.) The learned Additional Sessions Judge has concluded that the very fact that the appellants i.e. petitioner Chinak Yadav and Gopi Yadav, who belonged to U. P. were found in Jagdahwa Jungle situated in West Champaran at very odd hour clearly indicates that they along with others who succeeded in flying away had assembled for the purpose of committing dacoity and they had made preparation for the same as some of them were armed with fire arms which they used against the police party for escaping by jumping in Gandak river.