RAM PRATAP MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Rampratap Mahato and Babulal Mahato who are full brothers, have been convicted under Section 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 100/- each or in default to undergo rigorous imprisonment for four months more. The occurrence, in which they are alleged to have participated, took place at mid-night between 30th April and the 1st of May. 1965 in the house of Gumani Singh (P.W. 2) in village Kothia, some four miles away from Tajpur police station in the district of Darbhanga. The house of the appellants lay in the another Tola of the same village at a distance of about half a mile from the house of Gumani Singh (P.W. 2).

(2.) THE Prosecution version of the occurrence is as follows : On the night in question. Gumani Singh (P.W. 2) was sleeping lust outside the Darwaza of his house on a Chabutra of a well. Near him were also sleeping his servant Kewal Singh (not examined) and one of his labourers Jhaman Singh (P.W. 4). He was roused from his sleep by the sounds of foot steps, but as he wanted to get up he was surrounded by three or four dacoits. So, out of fear he kept on lying on his cot and covered his face by means of his Chadar. He heard, the sounds of push at the outer door of his house, appearing to him to have been caused by the dacoits, whose total number was eight or nine. On hearing the knocks at the door, his sister Ram Dulari (P.W. 3) opened the door thinking that the knocks at the door were given by her brother (P.W. 2). As soon as she opened the door of the house, eight or nine dacoits effected their entry therein. THE dacoits were armed with torches and other kinds of weapons. Among the dacoits were the two appellants, both of whom were identified by Ram Dulari (P.W. 3). Appellant Babulal caught hold of P.W. 3 while appellant Rampratap robbed her of the various ornaments which she was then wearing. Subsequently appellant Rampratap directed his attention towards Mohini Devi (P.W. 1), the elder of the two wives of Gumani Singh (P.W. 2). From her persons also, appellant Rampratap snatched away several ornaments. In the meantime Resma Dewi (P.W. 11) the junior wife of Gumani Singh (P.W. 2) arrived near her Sautin (P.W. 1). Appellant Rampratap snatched away some ornaments from her person as well. THE dacoits ransacked the other portions of the house and looted away articles after breaking open an almirah and some boxes. While the dacoits were still in the house. Mohini Devi (P.W. 1) went outside and raised an alarm which was heard by a large number of villagers and several of them came to the Darwaja of Gumani Singh (P.W. 2). In the mean time the dacoits fired some crackers and after coming out of the house they ran away towards the east. Several of the villagers oursued the dacoits to some distance, but the culprits managed to escape. Later on the chasers returned to Gumani Singh's house and on entering into his house they learnt from the female inmates that among the dacoits were the two appellants, who belonged to their own village.

(3.) AT the trial, fourteen persons figured as prosecution witnesses, among whom the witnesses on the point of occurrence were the five inmates of the house, namely P.Ws. 1, 2, 3, 4 and 11 and five of their co-villagers, namely P.Ws. 5, 7, 9, 12 and 13. The witnesses on the point of identification, however, were only the two ladies, namely, Mohini Devi (P.W. 1), who claimed to have identified appellant Rampratap among the dacoits and Ram Dulari (P.W. 3) who claimed to have identified both the appellants amongst the dacoits.