KRISHAN MISIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals arise out of the same judgment. They have been heard together and are being disposed of by this common judgment. All the appellants have been found guilty for an offence punishable under Section. 396 of the Indian Penal Code and each has been sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case briefly stated, is that, on the 2nd June, 1978, at about sunset time, all the appellants differently armed with gun had entered into the house of the informant Dharmdeo Tiwary (P.W. 3) Lalan Tiwary (P.W. 1), who was at his house, had shouted that dacoits had arrived. At that time he was feeding his cattle inside the angan. His son Brij Bihari Tiwary was in the Janeni Kita and when he saw that the dacoits had arrived, he closed the door and climbed upon the first floor, closed the door and went inside a room. Some of the dacoits went to the first floor and having found that the door had been closed, they had climbed on the roof and from there indiscriminate firing was done with the result that Brij Bihari Tiwary was shot and killed Sumitra Devi (P. W. 2), who happened to be the wife of the informant, was inside the angan. She also claims identification. It has been specifically stated that Jagdish Tiwari was armed with a gun.

(3.) Necessary information to the police had been given same day at 9.45 p.m. giving rise to this case.