DOMAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 395 of the Indian Penal Code to undergo R.I. for seven years by Additional Sessions Judge I, Begusarai.

(2.) The facts of the case are that the informant Surendra Prasad Singh who has been examined as P.W.2 had gone to his sister's house in village Harrakh. It is alleged that at about 8.30 P.M. some 15-20 miscreants entered the house and began to commit loot. They became successful in taking away the properties worth Rs. one lac. The informant is said to have identified Nageshwar Singh, Gorelal Rajak, Pramod Singh, Siddhi Singh and Ram Autar Singh.

(3.) It is obvious that appellant Doman Mahto was not mentioned in the body of the First Information Report. However, he is mentioned as an accused in the column of accused in the F.I.R. i.e. the format of the F.I.R.