SUBODH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Prosecution case initiated on Fardbeyan of one Md. Nazim in short is that he was sleeping in his house, in between the night of 27/28.12.1995, at about 11.30 PM heard some sound at the main gate of courtyard of his house. He further saw 15-20 persons who entered in a room of his house, in the room of his Bhabhi and Bhawaj and committed loot. From informant's room also miscreants took away VIP Briefcase and a box containing ornaments and cash. Detail of articles including ornaments, clothes and cash which were taken by the miscreants from different rooms of family members have been mentioned. One of the miscreants was identified as Sahi Mian. Rahawa. Thereafter they committed loot in the house of Abdul Hassan @ Machchu Mian. Claim of identification is made in the light of Dibiya and lantern by different family members. Appellant's name appeared in course of investigation. He was identified by witnesses in T.I. Parade conducted in the case.

(2.) The trial is ended in conviction and sentence to the appellant basing material including statement of witnesses recorded in the case.

(3.) In all ten witnesses are examined in the case and they are P.W. 1 Md. Ibrar nephew of the informant, P.W. 2 Nikhat Bano wife of informant's brother, P.W. 3 Umera Khatoon wife of informant's elder brother, P.W. 4 Md. Nazim informant himself, P.W. 5 Rehana Khatoon, P.W. 6 Sanjida Khatoon, P.W. 7 Abdul Hassan in whose house also dacoity was committed, P.W. 8 Gulam Haidar in whose house also dacoity was committed. P.W. 9 Anand Lal Mahto and P.W. 10 S.N.Thakur, Judicial Magistrate.