DAYA NAND SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 10.10.2001, passed by the 1st Additional Sessions Judge, Araria, in Sessions trial No. 589 of 1993 (Trial No. 701 of 1995). The sole appellant was convicted under Section 395 of the Indian Penal Code and was contended to undergo R.I. for six years.

(2.) ON 28.12.1993 at 9.55 a.m. the informant Jhouli Khavey gave his fardbeyan to the police at the police station Bhargama (district Araria) alleging therein that on 27.12.1991 at 12 a.m. he had his family members were having their siesta after taking their meal 14-15 dacotis came to him when he was at his Gohal. The dacotis were armed with lathi. ONe of the dacotis assaulted him with lathi on his leg and twisted his left hand. ONe criminal namely Kishan Sharma assisted by another criminal demanded of the informant as to where he had kept his cash and other articles of the house. In the mean time, other criminals entered into his house and his second son Khuso and his son-in-law Brahmdeo Khatbe were also tied up. Subsequently they made entry into the room of his elder son Kusho and thereafter they made forced into the room of eldest son Kusho Khatbe after braking open the door of his room and indulged in assault on some members of the house and committed loot. His son was grappling with the desperadoes. The informant raised alarm which attracted villagers. ONe of the criminals namely Saburi Khatbe alias Chichai Sharma was done to death by the villagers. ONe criminal namely Dayanand/Sharma was identified by his son. Utensils and some articles kept in boxes were carried away by the dacoits.

(3.) THE aforesaid evidence on behalf of the prosecution indicates that the factum of dacoity was supported by the inmates of the house of the informant and some independent witnesses, who were neighbour also supported the circumstances that there was alarm of "dacoit dacoit" raised from the house of the informant in the alleged night. THE above evidence has further shown that some witnesses, who were neighbours of the informant, supported and added the circumstances that on the alleged night, there was fight between the dacoits on the one hand and the villagers on the other. So it is apparent that the occurrence of dacoity is supported by the circumstances unleashed by the evidence of independent witnesses also.