RAMJI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two criminal appeals have been filed by the two appellants assailing the judgment/order dated 28.02.2007/02.03.2007, passed by Additional District and Sessions Judge, Fast Track Court No. 5, Rohtas at Sasaram in Sessions Case No. 468/1997/Trial No. 215/2004 whereunder out of the four accused persons put on trial accused nos. 1 and 2 have been convicted for the offence under Section 396 of the Penal Code and directed to suffer imprisonment for life. The aforesaid Cr. Revision No. 726 of 2007 has been filed to secure the conviction of Accused Nos. 3 and 4 who have been acquitted of the aforesaid charge under the impugned judgment.

(2.) PROSECUTION case as set out in the fard -beyan of Girija Shankar Singh (not examined) recorded at his house in village Kanhau on 25.06.1996 at 3:00 A.M. by Sub -Inspector Narendra Paswan Officer -in -Charge Sheo Sagar P.S. is that the informant having taken dinner was sleeping at his house along with his family members. Around 12:45 hours the door of his house was bolted by someone from outside. Informant made enquiry from the person outside who asked him not to speak, failing which he will be killed. Having heard such reply informant became alert peeped out from the hole available in the door, saw in the bulb lighted in the courtyard two (dark complexioned) barefooted persons standing in courtyard. Others were also standing outside the house. After sometime neighbour of the informant Radhe Shyam Sharma (P.W. 5), son of Hari Mistri (not examined) raised alarm asking the informant that thieves have entered his house. On the alarm raised by P.W. 5 Radhe Shyam Sharma, cousin of the informant Suresh Singh asked from his rooftop about the well being of the informant. Soon thereafter, informant heard gun shot being fired as also heard cries coming from the house of his cousin. Hearing the cry informant attempted to break open the door meanwhile his daughter came from the other room and opened the bolted door from outside. Informant came out from his room and saw two unknown robbers standing in his courtyard who took away three Steel Boxes from the eastern room of his house. The two miscreants who fired from the rooftop of his house were also dark complexioned wearing half pant, banyan jumped down and fled away. Many villagers also came to the house of the informant hearing firing sound raising alarm and chased the dacoits. One of the dacoit armed with single barrel gun jumped down from the rear portion of the house of the informant also managed to escape. According to the fard -beyan there were five dacoits who were chased by the villagers towards western boundary area of the village. One of the dacoits threw his single barrel loaded gun while making good his escape which the informant picked up and brought to his house. The five dacoits, however, managed to run away towards south of his house. According to the informant the dacoits were of dark complexion, between 20 -25 years of age, were speaking Hindi as also the local dialect. In the concluding portion of the fard -beyan, informant has given the details of his belonging taken away by the miscreant and claimed that he can identify the dacoits. Agnate of the informant having suffered grievous gun shot injury was taken to Sasaram Sadar Hospital for treatment where he died.

(3.) IN support of the charges framed, prosecution examined P.W. 1 Gopal Singh in whose presence informant Girija Shankar Singh produced the arms and ammunition thrown by the accused persons before the Investigating Officer who seized the same as also one empty cartridge recovered by the Investigating Officer from the place of occurrence. The witness has supported the production and seizure of the arms and ammunition by the informant and the Investigating Officer. In court he has also become the eye witness of the occurrence. P.W. 2 Sharda Kunwar is the widow of the deceased Suresh Singh who in her police statement has named Accused No. 1 and Accused No. 2 as the miscreants who participated in the occurrence. In court P.W. 2 has further improved her version as she has included amongst miscreants Accused No. 3, 4. According to the version given by P.W. 2 in court Accused No. 1 was standing behind the house of the informant armed with a gun and Accused No. 2 shot her husband from the roof of informant. Accused No. 4, 5 were also amongst the miscreants. P.W. 3 Mritunjay Kr. Sharma, son of P.W. 5 Radhe Shyam Sharma co -villager of the informant claims to have not only seen the occurrence but also to have chased the miscreants. The witness has categorically stated that he could not identify any of the miscreants either during the occurrence or during the chase. P.W. 3 has further stated that after chase he came to the house of the informant where P.W. 2 and her other family members were also present but they did not tell him that they identified any of the miscreants. P.W. 4 Sanjay Kr. Singh is the witness on the production -cum -seizure list. In paragraph -1 of his evidence the witness stated that he did not identify any of the miscreants and was declared hostile. P.W. 5 Radhe Shyam Sharma is father of P.W. 3. He also saw the occurrence and chased the miscreants with his son. He further stated that after the chase he along with his son came to the house of the informant where the family members of deceased Suresh Singh were present but they did not claim before him that they identified any of the miscreants. P.W. 6 Sunil Kumar is also cousin of deceased Suresh Singh. In court P.W. 6 has claimed that he identified amongst the miscreants Accused No. 1 and learnt from P.W. 2 that Accused No. 2 Ramji Singh shot Suresh Singh from the roof of the informant Girija Shankar Singh. P.W. 7 Ragho Ram Singh @ Ragho Singh claimed in his evidence that he identified three miscreants who were on the roof i.e. Accused No. 2, Accused No. 3 and Accused No. 4. P.W. 8 Neetu Singh is the daughter of the deceased, she named two miscreants i.e. Accused No. 1 and Accused No. 2 in her police statement. In court she like her mother has named all the four accused persons put on trial as the miscreants who participated in the occurrence and further clarified that it was Accused No. 2 Ramji Singh who shot her father Suresh Singh from the rooftop of informant after her father came to his own roof and was asking about the well being of the informant. She also saw Accused No. 1 standing in the rear of the house of the informant armed with a gun. The Investigating Officer has examined himself as P.W. 10 and has narrated about the manner in which he conducted the investigation of the case. When the witness was asked to prove the previous police statement of P.Ws. 1, 2, 6, 7 and 8 then he candidly admitted and disclosed in paragraph 14 -17, 30, 26 -27, 28 -29 respectively that these witnesses did not record the same version as has been deposed by them in court by disclosing the names of all the accused persons in their police statement. P.W. 12 Dr. Shambhu Nath Jha has stood by his post -mortem report and has deposed that Suresh Singh suffered homicidal death after being inflicted by a gun shot injury.