BHULAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal appeal Numbers 310, 324 and 329 of 2002 arise out of the same judgment have been heard together and are being disposed of by this common judgment. All the appellants in criminal appeal numbers 310, 324 and 329 of 2002 have been convicted under Section 395 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for ten years each.

(2.) The prosecution case, in short, is that one Rama Kant Pandey gave his statement before the police on 7-6-1999 at about 9.15 a.m. at the field of his Dalan stating, inter alia, that on 6-6-1999 at about 5 p.m. he was sitting at his door. In the meantime, 15 to 16 miscreants in police uniforms having armed with rifle, staingun and guns came at the Darwaza of the informant. He understood that the police personnel has come but when they reached near him they caught him and asked about his gun and they also claimed themselves to be the members of the party unity. Thereafter, the informant identified them as criminals of his own village. He identified Shankar Ram, Pujan Ram, Godhan Ram and Deemuni Ram of village Gangapur Police Station, Sikraul, District Buxar. According to him, he did not identify the rest of the miscreants. He has stated that the accused Deemuni Ram was asking him for immediate surrender of his gun and it will not be given he will be killed by his gun. Thereafter, the informant asked his son to give him the gun. When there was delay in handing over of the gun, the accused pointed out his gun to his chest whereupon the informant asked his son to bring the gun from the Godrej Almirah. His son brought gun and fifteen rounds cartridges and handed over to the accused for saving the life of the informant It has been also stated that the accused Shankar Ram pointed out that the brother of the informant was also sitting there and he had also a rifle and, subsequently, the accused persons caught his cousin brother Bidyadhar Pandey and assaulted him and asked him about the rifle. The cousin brother of the informant refused to give the same. Thereafter, the miscreants again assaulted him by Danda and the informant asked him to bring the rifle and to hand over the same to the miscreants. It has been stated that the miscreants also went to taken house of his cousin with him. The informant further claimed that his cousin brother identified the accused Bhulan Ram, Satya Narain Ram, Dharmdev Ram, Mahendra Ram, Raman Ram and ten other unknown accused persons who were having police uniforms and also were having armed with fire-arms. All the miscreants succeeded in looting his gun but they did not succeed in looting the gun of others because the family members of others started firing in their defence. Hearing the sound of firing from the side of the resident the villagers assemble and the miscreants fled away towards the scuth of the village. On the basis of the fardbeyan of the informant the police instituted Sikraul P.S. case No. 25 of 1999 under Sections 395, 397 and 398 of the Indian Penal Code and started investigation. After conclusion of investigation police submitted charge-sheet against the accused persons. Accordingly, the learned Chief Judicial Magistrate took cognizance of the offence and committed the case to the Court of Sessions for trial. Ultimately, the trial concluded in the manner as indicated above, The appellants pleaded not guilty.

(3.) The prosecution in support of its case examined altogether seven witnesses including the informant P.W. 5 P.W. 1 is Dharamraj Pandey, P.W. 2 is Bidyadhar Pandey, P.W. 3 is Ram Chandra Pandey, P.W. 4 is Sarabdeo Pandey. P.W. 5 is Rama Kant Pandey, the informant in this case. P.W. 6 is Yogesh Chandra, who is second I.O. in this case and P.W. 7 is Shahabuddn Khan, who had firstly investigate the case.