BHEDIA MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals have been taken up together as they arise out of the same judgment and are being disposed of by this common judgment.

(2.) All the Appellants have been convicted under Section 396 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(3.) Fard bayan of the informant, namely, Kapileshwar Mandal was recorded by S.I. B.K. Paswan (I.O.) on 28.04.92 at 5.30 a.m. at the house of the informant. The prosecution story, as unfolded in the fard bayan, is that on 27.04.92 while the informant was sleeping in his house and his son Arun Kumar Mandal was sleeping in Baithaka, the informant woke up on hearing the sound of some altercation. He saw in the flash of torch light that 10-12 criminals were assaulting his son Arun Kumar Mandal. The criminals were also flashing torch light in which the informant saw that they were armed with pistol (.303), bows, arrows and lathis and all of them belonged to village Veer Nagar and belonged to Mohammedan community. The informant identified these Appellants whom he recognised by names. It is alleged that three dacoits caught hold of the informant and tied him after assaulting and asked him to disclose the place where the sum of Rs. 9,000/- sent by his son, has been kept. The informant disclosed the place out of fear and the dacoits took away the money besides utensils and clothes etc. and they also carried away Avon cycle. In the meantime, informant's wife Ratan Devi raised alarm but the Appellant Muswa Mian pointed out pistol (303) upon her. When the dacoits were leaving the house of the informant, his son Arun Kumar Mandal gave out that he has identified them and they will be taken to task on the next day. Hearing these words the miscreants fired upon Arun Kumar Mandal, who succumbed to the injuries. According to the informant, criminals were in the age group of 25-30 years and were wearing shirt and loongi. The informant has given the details of articles taken away by the dacoits. On the basis of the fardbayan a case under Section 396 of the Indian Penal Code was instituted against the Appellants and two others, namely, Shafique Mian and Bashir Mian. The police investigated the case and submitted chargesheet against the above named accused on the basis of which cognizance was taken and the case was committed to the Court of Sessions.