KANHAIYA DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 21.03.2002 passed by the learned 2nd Additional Sessions Judge, Buxar in Sessions Trial No.22 of 1982, by which the four appellants were held guilty of committing offence under Section 395 of the IPC and were directed to suffer rigorous imprisonment for seven years.

(2.) A dacoity appears committed in the night of 13.09.1974 in the house of P.W.4 Rash Bihari Prasad. As per his story, some persons were seen scaling over the upper floor of the house by the informant and his brother. His brother removed the bamboo ladder which was placed by the dacoits for getting on to the first floor of the house and the elder brother of the father of the informant who had questioned the entry of the dacoits, as per the allegation, was ordered to be shot dead by appellant Kanhaiya Dubey upon which Jhabuli Ahir @ Jhabali Yadav fired the shot as a result of which the deceased Lalla Sah was injured and died on the spot. Another accused Ram Rasi Ahir assaulted the brother of the informant (P.W.5) by bhala who fell down. The house was plundered and the dacoits made good their escape. The informant claimed that he had identified the dacoits in the light of the electric lamp and also in the flash of torch lights as appears from the evidence of the case.

(3.) The FIR was lodged by reporting the matter at the police station on 14.09.1974 and the case was investigated into. It appears that inquest was held upon the dead body and the report marked as Ext-3/A was prepared by the investigating officer. The dead body was sent for postmortem examination and the report was submitted by the doctor which was marked as Ext-3. The accused persons, eleven in number, were sent up for trial, out of whom six were finally put on trial and the present set of appellants were convicted and sentenced for the offence as noted at the very outset.