BANSHI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) JAITIPUR Bara was a tiny village in the year 1980 comprising of 5. or 6 families. Allegedly, successive dacoities were committed in a number of houses including that of Mani Devi (P.W.5), Shyam Narayan Sharma (P.W.2) and Rajendra Lal, in the intervening nights of 7th -8th October, 1980, when unidentified miscreants having gained their access in the inner apartment of the house, brought Shyam Narayan Sharma, downstairs in the Courtyard from the roof, coerced female inmates of the house and when Saryug Sharma, a deaf and dumb house inmate dared counter, was shot dead by them. It was alleged that unidentified miscreants had concealed their identity with piece of cloth, and having collected ornaments, wearing apparels and other belongings from the house, made good their escape. It seems that even when dacoities were committed in a number of houses, and male members were available prosecution was launched by a female namely, Mani Devi (P.W.5), whose fardbeyan was recorded by a Police Officer, in village Jaitipur Bara, at 20 hours on 7th October, 1980, pursuant to which investigation commenced and during investigation, Police examined a number of witnesses including house inmates in whose houses, dacoities were shown to have been committed that night, visited place of occurrence, got autopsy held over the dead body of Sarjug Sharma and eventually effected recovery of some parts of booty from the house of one Ramdeo Singh, which is shown to have been identified by house inmates, and on conclusion of investigation, laid charge sheet before the Court.

(2.) ALTOGETHER ten persons were initially put on trial. However, pursuant to apprehension of Ram Pravesh Giri, during trial, charge under section 396 of the Indian Penal Code (IPC) was framed also against him in split up file which was amalgamated with the parent sessions record. However, in the midst of trial, Ramdeo Singh and Raja Yadav died and proceeding was dropped against them, leaving trial only against nine persons, which came for consideration by the trial Judge. As discussed earlier, charges were framed against all of them under section 396 IPC, and at trial State examined altogether 11 witnesses including house inmates, doctor. Police Officer and also Executive Officer under whose supervision, test identification parade of the articles seized from the house of Ramdso Singh was conducted.

(3.) OTHER contention of the appellants was that though Banshi Mahto and Ramashray Yadav were next door neighbours, it was most unlikely that if they had participated in the dacoity, their names would not transpire in the first information report registered by Mani Devi (P.W.5).The trial court it appears while rejecting piea of innocence of the appellants acquitted Bhoma Yadav, Ghuran Giri and Ram Pravesh Giri of the charges against them, rendered verdict of guilt under section 396 IPC against rest appellants sentencing them to suffer rigorous imprisonment for life.