GOPI BELDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) An armed dacoity took place in the house of Kailash Mahto (P.W. 4) on 5th March, 1978, at about 7 to 7.30 P.M. in which a bomb was also exploded due to which one of the villagers received injuries and died. P.W. 5 was the officer-in-charge of Nawadah police station during the relevant period. On receipt of some information he came to the house of the informant and recorded the fordbeyan of the informant Kailash Mahto (P.W. 4) at 11 P.M. in the same night and took up investigation. In course of investigation these two appellants were arrested hand they were put on test identification parade. After completing investigation, charge-sheet was submitted against these two appellants and they were ultimately put on trial.

(2.) In the trying court as many as nille witnesses were examined on behalf of the prosecution. The appellants denied the allegation and in support of their innocence, two witnesses were also examined on their behalf. Their further case appears to be that they were known to the prosecution party from before and due to enmity, they have been falsely implicated subsequently.

(3.) The factum of dacoity has not been challenged by the defence. Even before this Court it has not been challenged. The oral evidence of the eye-witnesses. coupled with the evidence of the investigating officer clearly goes to prove that a dacoity did take place in the house of the informant in which one person received injuries by a bomb explosion resulting in his death.