NIWAS RAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appellants have preferred this Appeal against their conviction for the offence under Section 395 of the Indian Penal Code and sentence to undergo rigorous imprisonment for seven years and also to pay fine of Rs.2000/ -, in default, to undergo simple imprisonment for six months as awarded on 3rd August 2002 by the Additional Sessions Judge -cum -P.O.(F.T.C.), IVth, Ara, Bhojpur in Sessions Trial No. 366 of 1984 arising out of Sahpur P.S. Case No. 6 of 1984, instituted on the few lines information, in writing, given by PW -4, Jangali Ram the village Chaukidar against unknown about commission of theft in the house of PW -1, Lakshman Lal on 23rd January 1982.

(2.) THE prosecution has produced the following documentary evidence besides examining altogether nine witnesses, which are as under:

(3.) PW -1, Lakshman Lal, in whose house as per information given by the Chaukidar theft was committed, states that he is an eye witness but was sleeping and none had assaulted him. He could identify only a few person including the appellants while going with the articles taking away by them. But at the same time neither, immediately after the occurrence, to the family members or to the villagers, who arrived at the place of occurrence, he discloses the name of any person. Rather according to him, in the morning, he proceeded with PW -2, bhabhi (sister -in -law) for treatment by a private doctor passes through police station as well government hospital but took no assistance and, thereafter, went to Buxar. On return, after a day or two, he for the first time claims to disclose the names to the police in his statement recorded under Section 161 of the Code of Criminal Procedure.