GURU PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed by the sole appellant Guru Prasad Singh, who has been convicted under Section 396 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for life by the impugned judgment dated 19.4.1990 passed by the 2nd Addl. Sessions Judge, West Champaran, Bettiah in S.Tr.No. 271 of 1982 arising out of Semra P.S. Case No. 2/1982.

(2.) The prosecution case as may be culled out from the version of the informant Ram Chandra Yadav (PW 8) in nut shell is that in the night of 19/20th July, 1982 a dacoity was committed in the house of his father Panchu Yadav (PW 7) and in course of such dacoity while Panchu Yadav was severely assaulted, his son Bishwanath Yadav was also done to death by the miscreants. Though none has been named in the fardbeyan of the informant as the members of the dacoits but it has been claimed that the dacoits themselves were flashing torch light and had also put fire in the straw stored in the house of Panchu Yadav and as such, the dacoits who were given their description by physical feature could be identified. It is also claimed by the informant that the gang of dacoits consisting of 15-16 persons, having committed the dacoity and also killing Bishwanath Yadav and injuring Panchu Yadav in course of such dacoity had fled away from the occurrence after arrival of the villagers whereafter when the aforesaid Bishwanath Yadav in an injured condition was being removed to the hospital, he had succumbed to his injuries in the way.

(3.) Thus, this First Information Report lodged under Section 396, IPC against unknown persons on the version of the informant had led to institution of Semra P.S.Case No. 2/1982 and the police in course of investigation having taken aid of adjacent police station in Khadda Police Station, in the State of U.P., had collected proof as with regard to involvement of the appellant and four others, namely, Ramdhani Yadav, Ranjan Kumar Gupta, Mahendra Nath Pandey and Ramakant Kewat (since dead) and having found sufficient materials as with regard to their involvement in the occurrence in question had filed charge-sheet on the basis of Test Identification Parade (in short T.I.P.) conducted on 20.10.1982. All of them were subsequently put on trial and by the impugned judgment while remaining co-accused, namely, Ramdhani Yadav, Ranjan Kumar Gupta and Mahendra Nath Pandey have been acquitted on the ground of disbelieving their identification in the T.I.P., the sole appellant has been convicted on an additional ground of recovery of his gun licence.