AJJU @ AJWA @ AJAIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three appeals are directed against the Judgment and Order dated 29th of November, 2010 passed in Sessions Trial No.747 of 2008 by the court of 2nd Additional Sessions Judge, Purnea, whereunder the appellants, above named, have been convicted for the offence under Sections 395 and 412 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 10 years with fine of Rs.5000/ - under Section 395 of the Indian Penal Code and for 10 years with fine of Rs.5000/ - under Section 412 of the Indian Penal Code. In default of payment of fine to serve the sentence for the further period of three months under each counts. However, both the sentences have been ordered to run concurrently.

(2.) THE prosecution case, as set out in the fardbeyan (Ext.3) of the informant, Nagendra Sah (P.W.9), is that in the night of 5/6.3.2008, he alongwith his family members after taking dinner were sleeping closing the door of his house. At about 1.30 A.M., some persons asked him to open the door, saying that they have to purchase some articles from the shop, on which he replied that he will not open the door in the late night then they told that they have to purchase some necessary articles for the purpose of marriage of their daughter but despite that the informant did not open the door. Thereafter, 7 -8 dacoits entered into the room by breaking the latch of the door and on the point of pistol they made query about money, then he handed over the key of almirah. They opened the almirah and took Rs.1000/ - (two currency notes, each in the denomination of Rs.500/ -), silver and gold ornaments from the almirah. Thereafter, the dacoits pushing the door entered into the room of his brother, Shobha Lal Sah (not examined), and took Rs.20,000/ - ( forty notes, each in the denomination of Rs.500/ -) and the silver Payal of his daughter, Sujata Kumari (P.W.3), ladies wrist watch etc. from there. The dacoits also entered into the house of his another brother, Sadanand Sah (P.W.4) and took the gold ear rings, sliver necklace, Sonata ladies wrist watch and Nokia mobile of his daughter, Gunja Kumari (P.W.5) and after breaking the lock of the box took Banarsi Saree of purple colour, one Ciffon Saree of light pink colour and one Ciffon Saree of blue colour. At that time, one dacoit from outside informed the dacoits regarding the arrival of the police, then the dacoits started fleeing away. On raising alarm , the villagers assembled and started to chase the dacoits. In course of chasing, the villagers apprehended three dacoits, who disclosed their names as Tawajul Hussain, Ajju alias Ajwa alias Ajail and Ansur (appellants) and they also disclosed the names of other dacoits as Mobark, Khalik, Nitai, Dinesh, Mojibur and Najarul, saying that they had been called by Jamsed for committing the dacoity and then Bissu had collected all the dacoits. The informant has further alleged that in course of chasing the dacoits, sound of bomb explosion was heard at some distance upon which the villagers went there and found one dacoit injured, whose name was disclosed by the apprehended dacoits as Salim, son of Late Ansur. In the meantime, the injured dacoit died due to sustaining bomb blast injury. The informant has stated that he and his family members have seen the dacoits in the light of lantern and torch and claimed to identify the dacoits and looted articles on seeing them again.

(3.) DURING trial, the prosecution examined altogether 11 witnesses in support of its case and besides that also got exhibited the several documents. Ext.1 is the signature of Prahlad Sah (P.W.1) on the seizure list (Ext.5). Ext.2 is the signature of Sujata Kumari (P.W.3) on the T.I.P Chart (Ext.7). Ext.2/1 is the signature of Sadanand Sah (P.W.4) on the T.I.P. Chart (Ext.7). Ext.2/2 is the signature of of Gunja Kumari (P.W.5) on the T.I.P. Chart (Ext.7). Ext.1/1 is the signature of Rabindra Prasad Sah (P.W.6) on the seizure list (Ext.5). Ext.2/3 is the signature of Jai Prakash Mandal (P.W.7) on the T.I.P. Chart (Ext.7). Ext.2/4 is the signature of Ramendra Prasad Yadav (P.W.8) on T.I.P. Chart (Ext.7). Ext.2/5 is the signature of the informant, Nagendra Sah (P.W.9) on the seizure list (Ext.5). Ext.2/6 is the signature of the informant, Nagendra Sah (P.W.9) on the fardbeyan (Ext.3). Exts.2/7 to 2/10 are the signatures of Rabindra Sah (P.W.6), Jai Prakash Majumdar (P.W.7), Prahlad Sah (P.W.1) and Amarjit Kumar Sah (P.W.2). Ext.3 is the fardbeyan of the informant, Nagendra Sah (P.W.9). Ext.4 is the formal F.I.R. Ext.5 is the seizure list of the some looted articles. Ext.6 is the inquest report of the deceased, Salim. Ext.7 is the T.I.P. Chart of the articles. Ext.8 is the signature and the handwriting of Manoj Kumar (P.W.11), S.D.O., who conducted the T.I. Parade, on T.I.P. Chart (Ext.7). Ext.9 is the post -mortem report of the deceased, Salim.