SHEO MUNI CHAMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these three appeals, which are directed against the judgment and order dated 29.4.1991 passed by Additional Sessions Judge II, Rohtas at Sasaram in Sessions Trial No. 468 of 1986 convicting and sentencing the appellants to undergo rigorous imprisonment for a period of six years each under Section 395 of Indian Penal Code (In short "IPC"), have been heard together and are being disposed of by this common order.

(2.) The case of prosecution, in short, is that informant Ram Prasad Gupta (PW 7) on 9.4.1986 was sleeping on the roof of his house when about 12 O'clock in the night, two thieves armed with country made pistols entered his house and hit on his head and he woke up. Both the thieves asked him to open the door of staircase leading to ground floor of house and there was scuffle of informant with one of the thieves. In the meantime, five other thieves came there and they opened the door and all thieves cams in the Angan of the house and one of the thieves opened the outer door and three more thieves from that door also entered the house. The thieves were flashing torches in the light of which informant identified appellants Ramashish Choudhary and Rajgrahi Dusadh. The thieves snatched ornaments from the body of Janki Devi (PW 6), wife of informant and they took away clothes etc. from the house of informant. On the next day at about 10 a.m., Farde-bayan (Exhibit-2) of informant was recorded by police. Formal first information report (Exhibit-1) under Sections 395 and 397 of IPC against appellants Ramashish Choudhary and Rajgrahi Dusadh and eight unknown was drawn. The police, after investigation, submitted charge-sheet under Sections 395 and 412 of IPC against appellants, one Dudhnath Nat who during trial died and against Ramlal Dusadh and Shyam Behari Giri showing them absconders. Cognizance of the case was taken and case was committed to the Court of Session where charge under Section 395 of IPC against all the appellants and charge under Section 412 of IPC against Shyam Behari Giri and Ramlal Dusadh were framed. After trial, all the appellants were found guilty under Section 395 of IPC and were convicted and sentenced to undergo rigorous imprisonment for six years each. Shyam Behari Giri and Ramlal Dusadh were not held guilty and were acquitted.

(3.) The case of the appellants is of complete denial of the charge and their false implication.