LALDEO PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Smt. Meena Singh and Shri Ashutosh Ranjan Pandey, Advocate, appear in Cr.Appeal Nos. 383 and 396 of 2002. None appears in the remaining two connected appeals. The court has requested Shri Neeraj Kumar and Smt. Uma Kumari, who are present in Court room to assist me in Amicus Curiae. The present batch of four appeals arise out of judgment dated 3.7.2002 passed by the learned 6 th Additional Sessions Judge, Aurangabad in Sessions Trial no. 318 of 1999/ 304 of 2001.By the impugned judgment, the five appellants were held guilty of committing offence under Section 395 of the Indian Penal Code and after being heard on sentence each of them was directed to suffer rigorous imprisonment for seven years.

(2.) Appellants- Arjun Rajwar and Ravidnra Paswan were also convicted under Section 412 of the Indian Penal Code and each of them were directed to suffer rigorous imprisonment for three years on that count. Sentences were directed to run concurrently.

(3.) The case related to an incident dated 10th of May, 1999 having taken place at around 7.30 P.M. when the informant along with his Bahnoi- Bhanu Pratap Singh (not examined) his son Awanish Kumar (P.W.9) and brother Lallu Singh (P.W.8) was going to one of his relatives at village Madera in the district of Rohtas by the Tata Sumo bearing no.W.B. 026/4558 It was about 9 P.M. and the informant found that road block has been created by putting some big stone boulders in the way, as a result of which the driver of the vehicle slowed down the vehicle. Bhanu Pratap Singh, brother in law of the informant, asked the driver to go back and accordingly, when the driver was in the process of getting the vehicle back, 5-6 criminals came and surrounded the vehicle. The informant stated that he was about to run but the criminals threw a bomb as a result of which the driver was injured around his eye and was forced to stop the vehicle, which was surrounded by the criminals. The informant has further stated that except the one, who was armed with a country made pistol, others were armed with Lathi/Danda in their hands. A gold chain and VIP attach containing certain cloths, Yasik Camera,cash and other articles were taken away by the dacoits. Likewise, the other occupants of the vehicle were also relieved of their belongings like watch etc.