HARISHARAN AHIR Vs. STYATE OF BIHAR

JUDGEMENT

(1.) All the appellants were charged under various sections, including section 396 of Indian Penal Code and have been convicted under that count. All the appellants except appellant No. 1, 5 and 11 have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 100/- each or in default, to undergo rigorous imprisonment for two months each. Appellant No.1, 5 and 11 have been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 100/- each or in default, to undergo rigorous imprisonment for two months.

(2.) The investigation of the case was taken up on the basis of the first information report lodged by Tula Nonia who was injured during the course of the dacoity and who succumbed to the injuries in the hospital.

(3.) According to the prosecution, on the 17th August, 1977, at about 10 p.m., the appellants variously armed committed dacoity in the house of Tula Nonia. Tula Nonia and Brij Bihari Nonia (PW 1) were injured. Tula Nonia succumbed to the injuries. The dacoits forcibly took away she buffaloes, bullocks, cow and calf. They also took away a box which contained various documents, clothes, etc. The cattle taken away by the dacoits were worth of Rs. 4000.00. The trial court, on the basis of the evidence of PWs 1, 2, 3, 4, 5, and 6 found these appellants guilty.