RANGLAL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appellants have been convicted under section 392 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for 4 years each.

(2.) THE prosecution case, in brief, is that on 17.11.1988 while the informant Vijoy Kumar Sinha was returning to his Village on a motor cycle after closing his medicine shop situated in Hathouri market he was intercepted by two persons on the road passing through the Chaur of Village -Sahilawali. It has been further alleged that immediately thereafter two other persons came there and pointed out their country made pistols on him and directed him to surrender all his money. One of them took out Rs. 728/ -. from his pocket. In the meantime, five persons were seen rushing from the side of the village towards the place of occurrence raising alarm of dacoity. Seeing them the dacoits fled away towards the east north direction. It has been further alleged that as it was a moonlit night so the informant could see the faces of the dacoits clearly. When the villagers reached at the place of occurrence the informant learnl from them that at the same time the same gang of dacoits had plundered Ram Chandra Singh, Ganga Singh and Jai Nandan Rai also whom they had made to sit in a field after commission of crime with them. He also learnt from those persons that the dacoits were five in number. It has been further learnt that Ajay Kumar Singh and Dhrub Kumar Singh of Village Asma were also robbed on that date. Thereafter the fardbeyan of the informant was recorded at 8 P.M. on the same day at Village -Sahilawali and on the basis of the aforesaid fardbeyan a formal F.I.R. was drawn up against unknown persons. In course of the investigation two accused persons were apprehended on the basis of the information about their complicity in the crime and were put on T.I.P. Parade where they were identified by the victims. After completion of the investigation the police submitted charge sheet. Accordingly the cognizance was taken and finally the trial concluded with the result as indicated above. Hence this appeal.

(3.) THE prosecution in order to prove its case has examined all together 14 witnesses out of whom P.W. 14, Kamla Prasad Singh, is a formal witness. PWs 4, Ganeshi Bind and P.W.5 Jagarnath Bind have been declared hostile. P.W.1, Binay Kumar Sinha, is the informant of this case. P.W.2, Anirudh Prasad Rai, is a hearsay witness. P.W.3, Ashok Kumar Chaturbedi, is a Judicial Magistrate who has conducted the T.I.P. of the suspects. P.W.6 is Jai Nandan Rai, P.W. 7 is Ram Swarath Singh P.W.8, Lakshami Singh, has been tendered. P.W.9, Bauye Lal Singh, has been declared tender. P.W.10 Jinish Rai is a hearsay witness. P.W.11, Lal Babu Singh, has been tendered. P.W. 12. is Ganga Singh. P.W.18 is Ram Chandra Rai.