TITIR DUSADH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed by appellant Titir Dusadh against his conviction and sentence of five years under Section 394 of the Indian Penal Code by an Assistant Sessions Judge of Sasaram

(2.) The prosecution case, in short, is that at about midnight between the 26th and 27th August, 1963 there was a theft committed in the house of Sheopujan Singh, (P. W. 2), whose mother is Lachminia. (P. W. 11). situate in village Pawra in Bikramgani Police station in the district of Shahabad, and during the course of the theft a box containing Rs. 1,000 in cash and some clothes and ornaments had been taken away from a room by the thieves. Bachan Prasad Singh (P W 1) whose house was situate adjacent east to the house of P. W 2 woke up on alarm of 'chor, chor'. He came out in the lane with a torch and a lathi. He flashed his torch and could see four thieves in the Koli adjacent north of the house of P. Ws. 1 and 2. Out of the four thieves, P. W 1 could identify the appellant and his brother, Sipahi Dusadh, who both came from inauza Bharkulia about three miles away within Dawat Police station in the same district. The box was taken away by another thief who could not be identified. They asked P. W. 1 to move away, otherwise he would be assaulted. P. W 1. however, did not move and, in the meantime, Ramanand Singh (P. W. 4). a neighbour, also arrived. The thieves had lathis They began to run away finding some villagers arriving. P. Ws. 1 and 4 chased them They reached the lane southwest of the garb which was there when they stopped. Lallan Singb (P W 5) and Babban Singh (P W 7) also arrived in the meantime having carried lathis Sipahi Dusadh and appellant Titir Dusadh started hurling lathis on P Ws 1. 4 and 5 At the same time. P Ws. 1 and 4 as also some other villagers started assaulting the thieves Sipahi Dusadh and the appellant on receiving some injuries both fell down, and the other two thieves fled away After Sipahi Dusadh fell down. P W 1 caught hold of him when appellant Tilar Dusadh began to assault P W 1 There was a scuffle, but P W 1 did not loosen his grips on Sipahi Dusadh The latter, however, managed to get up and began dragging P W 1 He dragged him up to the door of one Thag Dhobi At that place. Ramanand (P W 4) caught hold of Sipahi At that point of lime also the appellant assaulted, P W I and Ramanand (P W 4). Lallan Singh (P W 5) was also assaulted by the appellant While Sipahi bad been caught. P Ws. 1. 4 and 5 had been raising hulla of 'chor chor' and this attracted a large number of villagers to the scene They all began to assault witb lathis Sipahi Dusadb and the appellant: but the appellant in the meantime managed to run away. The villagers continued assaulting Sipahi Dusadb even after he had fallen down, and as a result of the injuries sustained by him. Sipahi Dusadb died in front of the house of Thag Dhobi

(3.) The dead body of Sipahi Dusadh was left lying in front of the house of Thag Dhobi for some time. There was. however a rumour abroad that the Dusadhs from Dusadh toli, which was about 500 yards away on the eastern side from the house of Thag Dbobi, were coming to take away the dead body of Sipahi Dusadh. The villagers with a view to save the dead body carried it to the dalan of village Sarpunch Bishwanath Kishore Singh (P. W. 3), which was at some distance to the north-east from the house of Thag Dhobi.