CHHOTAN MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal is against the judgment dated 28th April 1992 of the 3rd Additional Sessions Judge, Nawadah passed in ST. No. 320 of 1984/91 of 1987 whereby appellant Chhotan Manjhi has been convicted under Section 395 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for seven years.

(2.) The prosecution case, as propounded by the informant Om Prakash Das in the First Information Report lodged on 13th February 1981 at 11.20 a.m. at Pakribrawan is that in the night intervening between 12/13th February 1981, the informant after taking meal was sleeping in his house and in that night at about 3.00 a.m., he woke up on hearing sound of explosion of bomb and he also heard the cry "Loot Lalkai-Loot Lelkai from the house of his neighbour Birju Thakur. A bomb also exploded at his (informant's) door. Then after breaking the door dacoits entered in the room also in which the electric bulb was lighting. Two of the dacoits put dagger on the informant and asked him to keep quiet. Then the dacoits looted away ornaments, clothes and other articles from the house. Dacoity was also committed in the neighbouring houses and thereafter, exploding 5-6 bombs, the dacoits fled away with the booty. The informant named the appellant as well as one Saudagar Manjhi and claimed to have identified them as the two dacoits who had put dagger on him during the occurrence. After lodging the fardbeyan, the investigation commenced and chargesheet was submitted against the appellant who was put on trial and who has been convicted and sentenced as above.

(3.) As many as seven witnesses were examined by the prosecution PW 1 Om Prakash Das is the informant himself. PW 2 Binda Das is the father of the informant. PW 3 Maya Devi is the Bhabhi of the informant. PW 5 Md. Nijamuddin is a formal witness who has identified the writings on the FIR. PW 6 Ashok Kumar Verma is also a formal witness who has proved the TIP chart (Ext-3) in respect of other accused Saudagar Manjhi who was put on T.I. Parade before Om Prakash Das (PW 1) and Maya Devi (PW 3) but none of them had identified him in the T.I. Parade. PW 7 is also a formal witness who has proved the fardbeyan marked Ext-1 and the FIR marked Ext-2.