DINANATH PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of conviction dated 12/13.2.2001 by Sri Amresh Kumar Lal, 6th Additional Sessions Judge, Chapra in Sessions Trial No. 184 of 1997, whereby and whereunder, the appellants Dinanath Pandey, Ramanand Pandey and Janakdeo Singh were convicted under Sections 396 as well as 120-B of the IPC and they were sentenced to undergo imprisonment for life as well as fine of Rs. 30,000/- and in default thereof to further undergo imprisonment for one year. They were also sentenced to undergo imprisonment for two years for an offence under Section 120-B of the IPC. The sentence were to run concurrently.

(2.) The case of the prosecution, in brief, is that the informant Sudarshan Pandit (PW 10) lodged a fardbeyan on 21.11.1995 at 2.30 a.m. before the Officer Incharge of the Ekma PS alleging interalia therein that in the night of 20/21,11.1995, while all the members of his house were sleeping, at about 11.20 p.m. the informant was awakened on the sound of breaking of the door. The informant came out from the room, which was on the first floor. His cousin brothers Surendra Pandit and Jagan Pandit also woke up. They found 8 to 9 miscreants standing in the court-yard and varanda and 2 to 3 persons breaking open the door of the room of Vijoy Kumar Pandit (deceased). The dacoits looted clothes and ornaments worth Rs. 50,000/-. The informant identified appellant No. 3 Janakdeo Singh by his voice. It is further alleged that they saw the culprits looting boxes containing ornaments, clothes etc. One of the culprits was armed with gun. Cousin brother of the informant, namely, Surendra Pandit jumped from the roof behind the house. He raised alarm to call the villagers. One of the miscreants told other accomplices that Jaggu Pandit, brother of the informant had earned a lot from Punjab. The aforesaid miscreant was identified by the informant and his brother Jaggu Pandit as accused Janak Singh. This accused snatched wrist watch from the hand of Jaggu Pandit. The informant and the aforesaid Jaggu Pandit (PW 4) were restrained by the accused persons who were 20 to 22 in number. They committed dacoity and started looting the articles of the house for half an hour. In the occurrence, elder brother Vijoy Kumar Pandit, who was an army man, was assaulted by two dacoits with bhujali. The villagers raised alarm whereupon the dacoits ran away towards west of the village. The brother of the informant, namely, Vijoy Kumar Pandit (deceased) followed them. The miscreants fired shot at Vijoy Kumar Pandit (deceased) in the orchard. Vijoy Kumar Pandit was taken to Ekma Government Hospital by Surendra Pandit (PW 2) who was his cousin. It is further alleged that accused Dinanath Pandit and Ramanand Pandit conspired together to commit dacoity by entering into conspiracy with other accused persons on account of land dispute with them. Earlier they were threatening the prosecution party that they would get the dacoity committed in their house.

(3.) The further case of the prosecution is that the aforesaid Vijoy Kumar Pandit (deceased) had told his brother in the orchard while being taken to hospital that he was assaulted by accused Ramanand Pandit and Dinanath Pandit with daw (sickle) and Janak Singh fired shot causing gun shot injury.