RAMANUJ SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) WHEN house inmates were fast asleep, a dacoity was committed in the dwelling house of Ram Balak Mahto (PW 7) in the intervening night of 6th/7th March, 1978 at about mid -night when the miscreants having gained access in the house, assaulted Ram Balak Mahto and Bidya Devi (PW 8) and removed house belongings which include utensils, ornaments, wearing apparels and eventually decamped with the booty. After the police was set in motion, as usual, investigation commenced, in course of which the police officer appointed as investigating officer of the case visited place of occurrence, recorded statement of witnesses and on conclusion of investigation laid charge -sheet before the Court. Though initially trial commenced against Gangeshwar Gorait, Jogendra Singh and the appellant, it seems that due to abscondence of the appellant, the trial became conclusive only against two others, who were put on trial and the Trial Court on appreciation of evidence while acquitted Jogendra Singh of the charges, recorded finding of guilt against Gangeshwar Gorait under Section 395 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a term of seven years: After the appellant was apprehended, the trial commenced against him in Sessions Trial No. 15 of 1990/3/1993 when the State examined altogether eleven witnesses which include Ram Balak Mahto, other house inmates and also host of other witnesses.

(2.) THE defence of the appellant before the Court below and also this Court has been that of innocence, and he ascribed false implication due to land dispute pending with Ram Balak Mahto, and the Trial Court while rejecting defence of the appellant and placing implicit reliance on the testimony of witnesses, recorded finding of guilt under Section 395, IPC and sentenced appellant to suffer R.I. for a term of seven years which is under challenge in this appeal.

(3.) THOUGH factum of dacoity was not in dispute, as there had been evidence of other witnesses too on this score who are Brajesh Nandan Singh, PW 1 and Kauleshwar Singh, PW 2. Those who were tendered by the State were PW 3, Lakhan Mistri, Jahir Sah, PW 4, Deep Prakash Singh, PW