AMAR NATH MALLAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and Order passed by the then learned Additional Sessions Judge-I, Saran at Chapra on 27.11.2000 in Sessions Trial No. 427/94.

(2.) The sole appellant, Amar Nath Mallah, has been convicted under Section 396 of the Indian Penal Code and sentenced to life imprisonment.

(3.) Briefly, the facts of the case are that on 19th October, 1993, the informant, Kamaldeo Sah, PW 4 along with his father, Shiv Nath San, was returning to his village after selling grains in Janta Bazar Hat. At about 7 P.M. when they reached in a Chour, all of a sudden, the accused, Amarnath Mallah, with Chhura, Anil Rai with gun and Ghogi Rai with Chhura besides three unknowns with small dandas encircled them. At the point of the gun the accused, Anil Rai, asked Shiv Nath Sah, to hand over the money to him failing which he threatened to shoot him down. In the mean time the accused, Ghogi Rai, pushed Shiv Nath Sah, all the accused pinned him down on the ground and started assaulting him with the weapons in their hands. The accused, Ghogi Rai and Amar Nath Mallah assaulted Shiv Nath Sah with Chhura and the accused, Anil Rai, shot him dead. Thereafter they took away cash Rs. 3/4 thousands from the possession of Shiv Nath Sah and also 20 kgs. rice in a gunny bag and made good escape in the north. On the hulla raised by the informant the villagers rushed and chased the dacoits. One of the dacoits was apprehended by them and was beaten to death. The dacoits were calling their names as Jata Shankar Nut and Sushma Nut.