YOGENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants as well as learned Additional Public Prosecutor.

(2.) APPELLANTS Yogendra Rai and Sataru Rai @ Satann Rai have been found guilty for an offence punishable under Section 395 of the I.P.C. and each one has been directed to undergo rigorous imprisonment for five years vide judgment of the conviction and sentence dated 07.06.2002 passed by the Presiding Officer, Additional Court No.1, Fast Track Court, Katihar in Sessions Trial No.44 of 1990/ 203 of 2002, being the subject matter of instant appeal.

(3.) PW -6, Mojibur Rahman gave his fard -bayan on 21.01.1988 at about 2.45 p.m. disclosing therein that in the preceding night at about 12.30 hours, Sataru Rai @ Satann Rai, son of not known, Yogendra Rai, son of late Kailash Rai of village Bhokchari Tola, P. S. Barsoi, District -Katihar along with 4 -5 unknown persons began to put lathi blow over his door and on account thereof, he awaken. He, also having armed with lathi, began to retaliate as well as also raised alarm. However, none of the villagers arrived, on account of being afraid of dacoits or the firing made therefrom. Then thereafter, the dacoits removed one of the thatched wall of his house and then, Yogendra Rai fired from his pistol causing injury to him. He had identified Yogendra Rai armed with pistol as well as Sataru Rai armed with bow and arrow while others having armed with lathi and fatta in torch light, which was flashed by his daughter. She also identified Yogendra Rai, whom Yogendra also shot at. Then thereafter, all the dacoits entered inside his house, assaulted his wife and took away nose -pin, torch, and one steel box containing the items (enlisted therein). Villagers came, whom he disclosed the event.