MD. NAJEEB Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant was charged under Sec. 396 of the Indian Penal Code by the learned Additional District and Sessions Judge, I, Jamui, for being put on trial in Sessions Case No. 461 of 1989 and by judgment dated 08.09.1993 was held guilty of committing the said offence. The learned trial Judge heard the appellant on sentence and passed the order of sentence on 09.09.1993. He directed the appellant to suffer rigorous imprisonment for life. The appellant has preferred the present appeal on being aggrieved by and dissatisfied with the findings as regards his guilt and the appropriateness of the sentence passed against him.

(2.) P.W. 5 Md. Irshad gave his fardbeyan to the police on 16.11.1988 at 02.30 A.M. at his house alleging that 25-30 dacoits had broken into his house and had assaulted his mother in order to extorting the keys of the rooms so as to plundering it. There was a lantern burning in the outer verandah of the house and he found that the dacoits had surrounded his sister and mother (Jahana Khatoon P.W. 4) and were assaulting both of them. Ultimately, the dacoits succeeded in obtaining the keys of the house and they opened the room to pick up a box containing three pairs of valuable sarees, blouse, a wrapper and Rs. 15,000.00 in cash. As soon as the dacoits had brought out that box from the room, it was alleged that the deceased Samina Khatoon caught the box in order to resisting the taking away of the same. In that process this appellant is said to have been identified by her and she stated to the present appellant as to how was it that he had indulged into such a nefarious act. Hearing the words of the deceased, it is alleged, this appellant fired a shot by his pistol which hit on her chest and she slumped on the ground just at the door of the room.

(3.) It was stated by the informant that the dacoits had put on galmochha and they had put on shorts and banians and they had been seen in the light of the lantern which was burning there in the verandah.