BHIM YADAV @ BHIMAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the appellant, Bhim Yadav @ Bhimal Yadav against the judgment of conviction dated 15.01.2001 and sentence order dated 16.01.2001 passed by 3rd Additional Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 328 of 1997 by which and whereunder he convicted the appellant under Section 395 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years and also imposed fine of rupees ten thousand and furthermore, in default of payment of fine, the appellant was directed to undergo simple imprisonment for one year more. The appellant was acquitted under Section 412 of the Indian Penal Code.

(2.) P .W.3., Madan Yadav gave his Ferdbeyan on 18.07.1996 before the A.S.I., Yogendra Yadav of Sahodara Police Station to this effect that in the night of 17.07.1996 he was sleeping in his house and at about 11:30 P.M. he heard the sound of firing and someone knocked his door upon which he opened the door out of fear and after that three to four persons having deadly weapons entered into his house and committed dacoity and after that the aforesaid persons entered the room in which his son was sleeping and the aforesaid persons assaulted him and committed loot. The aforesaid persons took away the belongings of the house. He claimed to have identified the aforesaid culprits by their faces.

(3.) THE appellant was put on trial and he was charged for the offences punishable under Sections 395 and 412 of the Indian Penal Code. The charges were read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried. Three other accused persons were also charged for the above stated offences along with the appellant but in course of trial, the above stated co- accused persons absconded and, accordingly, the trial of the appellant was separated from the trial of the above stated co-accused persons.