RAJENDRA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) - Since both these appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.

(2.) Appellant, Rajendra Paswan of Cr. Appeal No.202 of 1985 and appellant Umesh Yadav of Cr. Appeal No. 212 of 1985 have been convicted under Sec. 3% of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life each.

(3.) The prosecution case, in brief, is that on 5th date of November, 1980 at about 11.30 P.M. some dacoits came to the house of the informant namely, Saryug Singh and woke him while he was sleeping at his Dalan in village Bibhutipur, District Samastipur. When the informant got up, he was that one dacoit had pointed country made pistol at him and he was also flashing torch light at his face. He gave the description of the dacoit and the clothes worn by him in his fardbeyan. This dacoit was demanding key from him. The. informant out of fear gave key to him which he passed on to one of his associates asking him to open the lock. That dacoit tried to open the lock but he could not succeed. The informant gave description of this dacoit also in his fardbeyan. Then the dacoit who held pistol in his hand asked the informant opened the lock of the door. The dacoits entered in that room but they did not find any article to take. The said dacoit then asked the informant to come along with him in the courtyard and caught the hand of the informant to take him to courtyard. He also gave description of the third dacoit in his fardbeyan. Some other dacoits numbering about 5 to 7 took their position around the door of the courtyard. One dacoit struck the informant's head from behind by lathi but when the informant delayed to open the door of Habeli thereafter all the dacoits entered in the courtyard of the informant's house. The dacoits got opened one wooden box and looted away all the contents. The other dacoils also entered into different rooms and looted away properly. The dacoils bolted the informant in one of the rooms. They also boiled the informant's son, namely Ganesh Prasad Singh in his room. In the eastern room of the house, the informant's elder son, namely Chandrika Prasad Singh was sleeping with his wife and two children. The dacoits broke open the door of that room and shot dead Chandrika Prasad Singh. After some time Chandrika Prasad Singh died. The dacoits also looted away property from the room of the deceased Chandrika Prasad Singh, while retreating some dacoit "uttered the following words "Chandra Shekhar Babu Ka Kam Samapt Ho Gaya." All the dacoits fled away towards west through railway line situate towards many of the informant's house. On hulla many villagers collected at the place of occurrence and saw the dacoils fleeing away and they also claimed to ideniify them by face. The informant and his family members also claimed to identify the dacoits. The dacoits looted away property werth Rs. 20,654/- as per list appended with the fardbeyan. Soon after the occurrence the Police Officer of Bibhutipur P.S. rushed lo the place of occurrence. Sub-Inspector, Janardan Prasad Yadav recorded fardbeyan of the informant at his house on 5.11.1980 at 2.30 hours vide Ext.5.