RAMA SHANKAR TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated the 5th October, 2001 passed by the ad hoc Sessions Judge, Presiding Officer of the Fast Track Court I, Siwan in Sessions Trial No. 266 of 1981 arising out of Raghunathpur PS Case No. 2(7) 1979 whereby and whereunder he convicted the appellant as well as the accused Haridwar Dubey who is not appellant here under Section 396 of the Indian Penal Code (hereinafter to be referred to as the Code) and sentenced each of them to undergo rigorous imprisonment for life.

(2.) At about 12.30 a.m. in the night intervening between the 14th and the 15th July, 1979 about 24-25 miscreants broke into the house of Bhundee Mistri of village Basahtpur, PS Raghunathpur, District Siwan (not examined), ransacked the house and looted away various house-hold goods, articles and valuables. In pursuance of alarm, several villagers woke up and they assembled and got ready to challenge the bandits. In the meanwhile, the decoits opened two rounds of fire causing injuries to Brinda Bhagat PW 5, Ram Janam Dubey, Triveni Dubey and Manan Prasad Dubey, who were not examined at trial. The villagers got frightened and out of fear they dispersed hither and thither.

(3.) The bandit after committing decotity in the house of Bhundee Mistri proceeded to the house of Dhrub Narayan Dubey, the informant PW 10 for committing dacoity and reaching his Darwaza where besides the informant and his brother Narsing Dubey were present. Buneshwar Nath Dubey PW 6, Raj Narayan Dubey, Sudama Mishra (not examined), the miscreants started hurling abuses and they uttered they be killed and soon certain miscreants lobbed bomb as a result of which Narsingh Dubey sustained injuries, fell down and succumbed to the injuries instantaneously on the spot. The dacoits broke the door of the house of the informant, 8-10 miscreate entered into the house and looted away various goods and articles including cash, ornaments and watches. Number of villagers arrived there. They were also ordered by the miscreants, who were outside the house, to be killed and they again threw a bomb which exploded causing injury to Jagdish Mishra about 20 yards away from the place where Narsingh Dubey was killed. After committing dacoity the miscreants retreated and fled away.