RABINDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the four appeals have been heard analogously and are going to be disposed of at a time as all the four appeals have arisen out of the same and common judgment of conviction passed by Shri Jiwan Tigga 7th Additional Sessions Judge, Palamau at Daltonganj, in Sessions Trial No. 512 of 1988 convicting all the eight accused appellants under Section 395 of the Indian Penal Code and the accused appellant Baldeo Singh [Criminal Appeal No. 19/90 (R)] and accused appellants Rajdeo Singh, Prabhu Singh, Birbal Singh, Sunil Singh alias Dhirendra Singh [Criminal Appeal No. 340 of 1989(R)] and accused appellant Bikrama Singh [Criminal Appeal No. 342 of 1989(R)] have further been convicted under Section 412 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life under Section 395 of the Indian Penal Code and above six accused appellants have been sentenced to undergo rigorous imprisonment for ten years under Section 412 of the Indian Penal Code. All the sentences have been ordered to run concurrently.

(2.) A road robbery was alleged to be committed on 15 2 1988 at 9 15 a. m. at village Ramkanda Nawadah Road in Harhi Jungle within Chainpur police station in the district Palamau.

(3.) FROM the materials on record it reveals that on 18 2 1988 from the informer the police could get some clues regarding the dacoits and their names even and, accordingly the police party raided the houses of those persons and recovered booties of dacoity, namely D. B. B. L. gun and several watches etc. Except the accused Rabindra Singh alias Thikedar Singh, Sideshwar Singh alias Shakti Singh and Prabhu Singh, all other accused persons were arrested on 19 2 1988 and have been produced before the Court on 21 2 1988. Accused Rabindra Singh alias Thikedar Singh, Sideshwar Singh alias Shakti Singh and Prabhu Singh surrendered themselves before the learned Chief Judicial Magistrate, Palamau at Daltonganj on 23 8 1988. The other accused Rameshwar Singh could not be apprehended.