GORA CHAND TELI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal No. 83/78 (R) has been preferred by one of the accused, Gorachand Teli who bas been convicted under Section 395, Indian Penal Code and sentenced to undergo rigorous imprisonment for 8 years criminal Appeal No, 98 / 78 (R) has been preferred by accused Makhnu Nonia who has also been convicted under Section 395, Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years. Both of them were convicted along with 7 others by one common judgment passed by the 3rd Assistant Sessions Judge Dhanbad in Session Trial No. 40/75. Since both the appears arise out of the same occurrence, they have been heard together and are being disposed of by this judgment.

(2.) Out of nine accused persons put on trial along with these two appellants, five were convicted under Section 395, Indian Penal Code and the rest four. Were convicted under Section 412, Indian Penal Code. Those convicted under Section 412, Indian Penal Code were awarded 7 years rigorous imprisonment each.

(3.) An occurrence took place in the night of 9/10th January, 1972 in the house of the informant, Ramji Prasad, P.W. 2, while he was sleeping inside the house with his family members. At about 11-30 he got up from the bed on account of barking sound of the dogs. He saw flash of torches coming inside his room from a hole he alleged to have seen 14-15 persons through a hole In the wall who were variously armed with lathi, bhala, sword etc. and were standing outside on the road. After that the dacoits broke open the doors and entered the house of the informant. One of the dacoits who was armed with a pistol asked for money from the informant. Two of them started removing articles from the house and it was stated that various articles such as clothes, radio woolen garments, grains and some ornaments were taken by them. When the dacoits left the house and the informant came out then he learnt from a co-villager Janki Rajwar that the dacoits had assaulted him by stones causing injury. The informant narrated the story to the other witnesses who arrived there. First information report was lodged next day at about 11-30 a.m. After usual investigation they were put on trial on the charge mentioned above.