SADANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment of the court of Sri S.N. Mandal, Assistant Sessions Judge, Koderma, dated 5th March, 1994, whereby the appellants, namely, Sadanand Singh, Kameshwar Singh, Dashrath Singh, Mahadeo Singh, Raj Kishore Singh and Kishun Yadav have been convicted under Section 395, IPC. Appellant Dashrath Singh has further been convicted under Section 412, IPC. They have been sentenced to undergo rigorous imprisonment for 10 years each and to pay a fine of Rs. 100 each and in default to undergo R.I. for one month under Section 395, IPC. However, no separate sentence has been awarded against appellant Dashrath Singh, under Section 412, IPC.

(2.) The prosecution case against the appellants is that at about 11.30 p.m. on 24th November, 1992, while the informant Jagdish Yadav was sleeping in his house along with his family members, 3-4 dacoits armed with pistol entered inside the house by scaling the tiled roof and threatened the informant to open the door at the point of pistol. Out of fear, the informant opened the door of the house and the dacoits looted woolen shawl, torch, clothes, ornament and cash belonging to the inmates of the house. Thereafter they looted the house of Mahendra Yadav, brother of the informant, taking away certain articles. Next they entered the house of Babulal Yadav, neighbour of the informant, from there also they looted certain articles.

(3.) During the course of investigation the raised the house of various accused persons on suspicion and recovered some articles. The same were put on T.I. parade and were identified by the victim. After completion of other necessary formalities, the accused were put on trial.