MD. RAQUIB @ RAQUIB Vs. STATE OF BIHAR

JUDGEMENT

(1.) WITH consent of the parties, both the appeals have been taken up for final hearing.

(2.) HEARD Mr. Vikramdeo Singh, learned counsel for the appellant and Mr. Z.Hoda, learned A.P.P. for the State.

(3.) THE prosecution case is based on the fardbeyan of one Washiur Rahman, recorded on 13.10.1993 at 6 a.m. by one Shivendra, an Assistant Sub Inspector of Police of Jokihat police station. In the fardbeyan, it has been alleged that on 12.10.1993, at 11.45 p.m, while the informant was sleeping on a cot in front of his shop, suddenly, 7-8 dacoits variously armed with lathi, dagger etc. came there. They tied his hands and put cloth in his mouth. They put Gupti (a sharp edged weapon) on his belly and threatened him to keep quiet. They enquired from him about his gun. The informant told them that his gun was kept at his brother's residence at Araria. One of them asked him to give key of the aforesaid shop. Apart from the aforesaid 7-8 dacoits, who had come together some other miscreants were also found present there. They broke open the door of the shop of the informant. At that time, another shopkeeper, namely, Sagir asked 'who is there?' However, the dacoits threatened him too and told to keep quiet. When the informant tried to stand up, one of the miscreants assaulted him with lathi on his knee but another miscreant requested him not to assault further. The informant identified him as brother of Eqbal, namely, Raquib @ Raquib. The miscreants looted several articles of the grocery shop of the informant including the license of his gun. They also took away some cartridges which were kept in a packet. The entire operation of loot continued for about fifteen minutes. Thereafter, the miscreants took the informant inside the shop and locked the same from outside. When the miscreants left the place, he raised alarm pursuant to which the shopkeepers of the neighbourhood, the Chaukidar and the Dafadar of the locality reached at the place of occurrence immediately. They chased the dacoits. However, while retreating the dacoits threw two boms on them out of which one exploded. The dacoits also threw a Jhola containing several articles for manufacturing bomb, a knife, Chillum, three pudias of ganja and a letter written in Urdu. The informant claimed that articles worth Rs.1900/- were looted by the dacoits from his shop in the alleged incident. The informant also claimed to identify the dacoits by face.