AZIZ MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 25.4.1992 passed by Shri Awadesh Kumar Ojha, lind Additional Sessions Judge, Katihar, in Sessions Trial No. 104/88 whereby he has been pleased to-convict the appellant Aziz Mian under Section 395 of the Indian Penal Code and sentence him to undergo rigorous imprisonment for seven years.

(2.) The prosecution case as per the fardbeyan of informant Abdul Bashir (PW 6), in brief, is that in the night of 21/11/1987 he was sleeping in the verandah of his house alongwith his family members. At about 10.30 p.m., he woke upon hearing some sound- and saw 6-7 dacoits inside his house. One of the dacoits was seen-armed with pistol. The dacoits flashed torch light and ordered the informant to remain calm and thereafter the dacoits started looting the household article. In the torch light flashed by the dacoits, the informant identified one of the dacoits as Aziz Mian (Appellant). Further case is that the dacoits confined the informant and snatched the wrist watch from the possession of the informant. Some of the dacoits entered into the room of the house and started looting clothes, grains etc. and thereafter the dacoits fled away. After running away of the dacoits, the informant raised alarm, whereupon, the villagers came there and then the informant narrated the entire incident to the villagers and also disclosed the name of appellant Aziz Mian as one of the dacoits. It is further said that other family members of the villagers had also seen the dacoits fleeing away. It is further said that while the informant was going to the police station to lodge the case, one Md. Muslim advised him not to lodge FIR, otherwise, he would fall in trouble. However, the informant went to Barari Police Station and gave his statement before the police, on the basis of which Barari P.S. Case No. 148/87 under Section 395 of the Indian Penal Code was instituted. Later on, recovery of looted article was made during investigation and then Section 412 of the Indian Penal Code was also added.

(3.) After completing the investigation, the 1.0. submitted charge-sheet against four accused, namely, 1. Kha-gendra Mandal, Naresh Mandal, Kapildeo Mandal and Azix Mian, the appellant and all the four persons were tried under Sections 395/412 of the Indian Penal Code but the remaining three accused were acquitted and the appellant was convicted and sentenced to undergo rigorous imprisonment for seven years by judgment dated 25th April, 1992, passed by the lInd Additional Sessions Judge, Katihar, as stated above.