KISHORI PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the appellants have been convicted under section 395 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for 8 years.

(2.) THE prosecution case, in brief, is that in the night of 18/19th August, 1994 while the informant was sleeping at his Bungalow alongwith his sons Fuloram and Nago Ram in the mid night all of a sudden, about 10 to 12 miscreants armed with deadly weapons came there and one of them Kishori Yadav demanded money from him and at last fired with a pistol on him which caused injury on his chest and thigh and he fell down. It has been further alleged that his sons and grand son were also assaulted by the dacoits and they began looting the ornaments, cash and utensils from the house of the informant. It has been further alleged that he has received Rs. 500/ - money order from Punjab and Rs. 700/ - from widow pension and Rs. 1,000/ - from other means and all the cash was looted away by the dacoits. It has been stated that the appellant, Kishori Yadav, with a view to take revenge of previous enmity, has arranged this dacoity in which he himself also took part. It has been also stated that on alarm the villagers came there and they untied the hands of the family members of the informant which was tied by the dacoits. The informant injured was taken to Sadar Hospital Madhepura for treatment where his fardbeyan was recorded and on the basis of which a formal F.I.R. was drawn up. The police took up investigation and after completion of investigations submitted charge sheet against the appellants. Thereafter cognizance was taken and finally the trial concluded with the result as indicated above. Hence this appeal.

(3.) THE prosecution in support of its case has examined altogether 10 witnesses. P.W.1 is Nago Ram. P.W.2 is Rajesh Ram. P.W.3 is Umesh Ram. P.W.4 is Jagdish Ram. P.W.5 is Phulo Ram. P.W.6 Yogendra Yadav is a formal witness. P.W.7 is Bhuneshwar Ram. He is a tender witness. P.W.8, Abhinandan Yadav is a formal witness. P.W.9 Manni Ram is the informant. P.W.10 is Dr. A. K. Mandal who has examined the injured informant.