BANSHIDHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr.Shashank Shekhar Sinha, learned counsel for the appellant and Mr.A.M.P.Mehta, learned APP for the State.

(2.) The present appeal is directed against the judgment and sentence dtd. 17/12/2012 and 18/12/2012 passed by learned Adhoc Additional Sessions Judge, F.T.C.-II, Bhojpur in S.Tr.No.22/1990 (arising out of Ara Muffasil P.S.Case No.125/1987) whereby and whereunder the appellant has been convicted under Sec. 396 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.5,000.00.

(3.) The prosecution case, in short, is that an armed dacoity was committed in the house of the informant situated in village Basantpur, Police Station - Arm Muffasil, District Bhojpur on 22/11/1987 in night. A number of dacoits armed with big Double Barrel Guns, Gun and Small country Pistols broke open the door, entered in the house and looted properties worth Rs.40,000.00 Informant's Grand Father Visheshwar Rai told him as he was slept at his dalan, on the noise his brother Bhola Rai came out with Torch from his courtyard (Angan) and said as I have come then he heard about the saying of Vijay Bahadur as Bhola has come, shot fire; as such his brother fell down due to bullet shot, he (Visheshwar Rai) reached near his brother then Bhola told that 'Kameshwar Singh shot fired him". After that Dacoits escaped. In the course of occurrence, Bhola shot dead.