BADRI MUKHIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment dated 23.12.2002 and order dated 24.12.2002 passed by the learned Additional Sessions Judge, Supaul in Sessions Case No. 116/99(S) whereby he convicted the appellant Badri Mukhiya under Section 395 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years.

(2.) The prosecution case, in short, is that in the night of 15.8.1998, the informant Kuniya Devi, wife of Bauni Sharma of village Pipra Khurd, P.S. Bhaptiahi, District Supaul, was sleeping inside the room of her house alongwith her three daughters. Her son Jageshwar Sharma was sleeping in the adjacent room of her house with his younger brother. At about 1 a.m. five dacoits entered into the courtyard of her house and three of them asked Jageshwar Sharma to open the door of his room. They used abusive and threatening language whereupon Jageshwar Sharma opened the room and then all the three dacoits entered in to the room of Jageshwar Sharma. All the three dacoits tied the hands of Jageshwar Sharma, assaulted him and started looting household articles. On hearing cries of Jageshwar Sharma, the informant got up, and opened the door of the room and then two of the dacoits entered into her room. They assaulted the informant Kuniya Devi and her son and looted household articles. During the commission of the dacoiiy, the informant and her daughter, Santola Devi identified one to the dacoits, namely, Badri Mukhiya, son of Jhabar Mukhiya, resident of village Murli. Further case is that the informant and her. daughter fell upon the feet of Badri Mukhiya and requested not to assault them. However, Badri Mukhiya abused and threatened to kill her. Further case is that the dacoits looted 13 pieces of sarees, silver sikri, one blanket and one lota After running away of the dacoits, the informant went into the room of her son and found that his hands were tied. She also informed her son that she has identified Badri Mukhiya amongst the dacoits. It is further said that on hulla, the villagers arrived at the place of occurrence to whom the informant narrated the entire incident and disclosed the name of the appellant Badri Mukhiya as one of the dacoits.

(3.) In the same night at about 5 a.m. the police arrived at the place of occurrence and the Officer Incharge, Sub-Inspector of Police, Arun Kumar Arya of Bhaptiahi Police Station recorded the fardbeyan of the informant and on that basis registered Bhaptiahi P.S. Case-No. 30/98. Thereafter the Sub-Inspector of Police investigated the case and submitted charge-sheet against the appellant Badri Mukhiya on the basis of which cognizance was taken and then the case was committed to the Court of Session.