STATE OF BIHAR Vs. RUBBAN

JUDGEMENT

(1.) State, being aggrieved by the judgment dated 27th of January, 1988 passed by the First Additional Sessions Judge, Madhepura in Sessions Case No. 192 of 1986 acquitting the respondents from all the charges, has preferred this appeal.

(2.) Prosecution story according to the first information report given by PW 4 Bhuneswar Das before the Sub-Inspector of Police of Madhepura Police Station on 14.1.1986 at 7.30 p.m. is that on the said date he alongwith his cousin PW 6, Madho Das, PW 5 Maheshwar Das and PW 7 Jai Prakash Das, all of whom sell cloths, were returning from the market alongwith unsold cloths. It is alleged that when they reached near Sabaila Chowk, accused persons came there, forcibly stopped the rickshaws and accused Md. Rubban to whom informant knew from before pressed his neck, snatched the wrist watch as also cash from his shirt. It was further alleged that other accused persons snatched the cloth bundle of Jai Prakash Das and Maheshwar Das. According to the informant, while the accused persons were committing loot, one person came there and went towards the village raising alarm. On the alarm, the villagers chased the mis-creants and ultimately accused Rubban was apprehended by the villagers, namely, Uma Shankar Yadav, PW 1, Phuleshwar Yadav, PW 2 and Ramesh Kumar Yadav, PW 3. The apprehended accused was brought to the residence of the Mukhiya, Devendra Yadav where according to the informant, he made an extra-judicial confession and disclosed the names of other accused persons, namely, Junid and Sikandra besides other accused persons. According to the informant, 20 thans of lungis worth Rs. 1200/- and 20 pieces of handloom bed sheets worth Rs. 300/- were looted in the occurrence.

(3.) On the basis of the aforesaid information, Madhepura PS Case No. 13 dated 14.8.1986 was registered under Section 395 of the Indian Penal Code. During investigation one lungi was recovered from the possession of accused Sikandra. Accused Junid and Sikandra were put on Test Identification Parade conducted by Magistrate, PW 8 Mr. Md. Jaisul Islam in which PW 4 Puleshwar Das, PW 5 Maheshwar Das, PW 7 Jai Prakash Das and Shiv Narayan Sah participated. PW 7 Jai Prakash Das identified accused Junid whereas other witnesses did not identify any accused person. The lungi recovered from md. Sikandra was put on T.I. Parade and was identified by PW 5 Maheshwar Das.