PANCHU RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been found guilty and convicted under Section 395 read with Section 397 of the Indian Penal Code and awarded a sentence to undergo rigorous imprisonment for ten years by the 6th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 585 of 1996. The appellant has remained in custody for 4 years 1 month and 20 days during the pendency of this case.

(2.) The occurrence took place on 03.05.1992. Dwarika Tiwary (PW 3), the informant has stated that there was a puja in his house because his niece was getting married. There were several family members staying in the house and after the puja, they had all dispersed and were sleeping at different places, such as courtyard, verandah etc. Preparations were being made in as much as 'MARWA' was being prepared for performing the marriage. In the mean time, about 30-35 persons entered the house of the informant. One of the miscreants shot him which hit him on his chest. Thereafter, they entered the courtyard and began to remove all the valuable items, money etc. from the house. During the said occurrence, the informant claims to have identified Mahendra Rai and one Lattoo, who are co-villagers of the informant amongst the miscreants. It has also been alleged that the nephew of the informant, namely, Ram Babu Tiwary (PW 4) was injured by one of the miscreants. The informant was taken to the hospital along with Ram Babu Tiwary for their treatment.

(3.) On the basis of the aforesaid statement, the trial began in which four witnesses, have been examined on behalf of the prosecution. Unfortunately, the Investigating Officer of this case could not be examined. The prosecution has also failed to prove the injury report, if any, much less, examine the doctor who treated the injuries of PWs 3 and 4.