HARENDRA MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS , being aggrieved by their conviction under Sections 395 and 396 of the Indian Penal Code and sentence of rigorous imprisonment for life passed by the 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No.196 of 1998, have preferred this appeal.

(2.) PROSECUTION started on the basis of a fard -beyan given by Amola Devi, since deceased, on 30.8.1997 at 10 a.m. before the Officer -in -charge of Siwaipatti Police Station in the District of Muzaffarpur. According to the First Information Report, in the night between 29 -30 of August, 1997, she and her married daughter Manju Devi were sleeping in the varanda and room of the house and at about 1.30 a.m., five persons including the two appellants and four unknown persons entered in her house and appellant Gauri Shankar Manjhi snatched nose pin (khoitil) and necklace (hasuli) which she was wearing.

(3.) ON the basis of the aforesaid report, Siwaipatti P.S. Case No. 25 of 1997 was initially registered under Section 395 of the Indian Penal Code against five known and four unknown persons. Later on the informant dying on 14.9.1997, Section 396 of the Indian Penal Code was added.