SITARAM DHODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 3.4.1992 and 8.4.1992 passed by 1st Additional Session Judge, Madhubani in S. Tr. No. 54/85 109/85 convicting and sentencing the appellant to Undergo R1 for five years.

(2.) The case of prosecution in short is that on 15.5.82 informant Khattar Ram alongwith his father Kari Ram and brother Nasib Lal Ram PW 1 was sleeping at his 'Dalan' and his another brother Lakhan Ram PW 4 was sleeping in another room. At about 11.45 PM when informant was awaken by his father he saw 8-10 dacoits armed with lathi and torch in his house and they tied him and his brother Nasib Lal Ram with 'Lungi' and napkin and five dacoits among them kept watch over them and rest dacoits entered the family ward of his house. Informant and his brother, Nasib Lal Ram anyhow untied their hands and tried to assault the dacoits with Lathis and in that process informant identified the appellant in the light of torch held by dacoits. When informant and his brother started assaulting the dacoits the dacoits started running away towards north. In the meantime the dacoits who had entered the female ward of the house of informant also came there and they snatched Lathis from the hand of informant and the dacoits assaulted the informant and his brother Nasib Lal Ram with 'Fatha'. Thereafter the dacoits fled away. On 'hullah' Ghowkidar and villagers assembled there and informant found that utensils, clothes etc. all worth Rs. 510/- were taken away by dacoits from the female ward of his house. It is further alleged that dacoits had assaulted father and nephew of informant. After occurrence informant and his brothers were taken to hospital where on next day, i.e., 16.5.82 at 8 AM the fard-beyan of informant was recorded and on the basis of fard-beyan a case under Section 395 of IPC against appellant and some unknown persons was registered and police after investigation submitted charge sheet under Section 395 of the IPC against the appellant. Cognizance of the case was taken and case was committed to the Court of Session and after trial appellant was found guilty and convicted and sentenced as indicated above.

(3.) Being aggrieved by the order of Court below the appellant has preferred this appeal.