RAJA YADAV AND ANOTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been found guilty under Sec. 402 of the Indian Penal Code and was convicted to undergo rigorous imprisonment for five years and imposed a fine of Rs. 1,000.00 each, in default of which, they are required to undergo rigorous imprisonment for three months.

(2.) The prosecution case has been instituted on the fardbayan of Ganauri Prasad. It is alleged that he was in his house on 04.11.1999 at about 06:30 PM, when he heard some persons banging at his door. It is said that these persons fired 2-3 rounds. The informant went on his roof and shouted for help, thereafter the villagers gathered near his house and the dacoits ran away. After the dacoits ran away, he opened his door and told the villagers regarding the attempt of the miscreants to break open his door and loot away the household articles. The villagers chased the dacoits and caught these appellants. The appellants were retained by the informant and handed over to the Investigating Officer, who came on 05.11.1999 to record the fardbayan of the informant.

(3.) The prosecution has examined twelve witnesses in this case. PWs 2, 3, 4, 5, 6, 8 and 10 have been declared hostile, whereas PW 11 has been tendered for cross-examination.