SURESH SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) NONE appeared on repeated calls. I requested Shri Pramod Kumar, Advocate to assist the Court and accordingly, I have heard him. I have also heard Shri Sujit Kumar Singh, learned Additional Public Prosecutor.

(2.) IT appears that a dacoity was committed at about 12 in the night on 04.09.1992 in the house of P.W.5 Bindhyachal Parit and in houses of other persons also. As per allegation the house of the informant and others, like, Narayan and Bilash were also plundered by the dacoits. After committing dacoity the criminals left the scene of occurrence but one of them, i.e., the present appellant Suresh Sahani, was captured by the informant.

(3.) THE learned trial judge held that dacoity was indeed committed in the house of at least P.W.5 Bindhyachal Parit. It was also held by the learned trial judge that as regards the complicity of other accused, namely, Sheikh Alim it was not established and as such he was acquitted. The learned trial judge convicted the present appellant only on the ground that he was caught at the spot.