LALAN RAVIDAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Successive dacoities were committed in a number of houses including that of Mahendra Yadav when miscreants who were 8-10 in number, having scaled over the tiled roof of the house of Mahendra Yadav, jumped in the courtyard, gained access in the inner apartmentof the house, scuffled with house inmates and haying shot dead Ram Pravesh Yadav removed house belongings which includes wearing apparels, ornaments and cash, and decamped with the booty.

(2.) It was Mahendra Yadav who took recourse to public authority and set the Police in motion. After statement of Mahendra Yadav was recorded. Police came in action, and investigation followed, in course of which, Police collected evidence, visited different places of occurrence, prepared inquest report over the dead body of Ram Pravesh Yadav and recorded statement of witnesses. During courses of investigation, houses of Sudhir Kahar and appellant were searched when some articles alleged to be part of booty were, seized by one Shri Ram Ayodhya Singh, Assistant Sub-Inspector of Police, who also not the test identification parade of articles held in presence of Block Development Officer, Guraru and on conclusion of investigation laid charge sheet before the Court.

(3.) In the eventual trial that followed, State examined altogether ten witnesses, who were house inmates, where dacoities were committed, some other willnesses, who turned volte face to the State, seizure list, witnesses who too turned hostile, Block Development Officer who conducted test identification parade and also the Police Officer who registered case and carried Investigation.