DUKHAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Out of eight accused persons put on trial for the offence Under Sec. 396 of the Indian Penal Code (for short 'I. P. C) two have been convicted. They have appealed against their conviction and imposition of sentence.

(2.) In the night between 18/19th March, 1980 a dacoity was committed in the house of Surajbans Singh (P.W. 7) of village Parsa, police -station Obra district Aurangabad. One Sarvesh Singh a co -villager was killed in the said dacoity. Suraj Bansh Singh (informant) along with his son Binod, nephew Uday Kumar, Ajoy Kumar and Mahadeo Singh was sleeping in the baithaka. At about mid -night he heard some sound and woke up. He found three dacoits near the exit door of his house. The dacoits came near him and surrounded him and Mahadeo Singh. One of them had only one eye. It is alleged that the said one eyed dacoit took search of Mahadeo Singh and took away a sum of Rs. 30 from his possession. Another dacoit opened the main -gate of the house. At that time on hearing the noise Sarvesh Singh came from his house towards the informant's house. The appellant Dukhan Ram, it is alleged, said "an enemy has come and to kill him." One of the dacoits on the said shout fired a gun shot at Sarveshar Singh. Sarveshar Singh fell at some distance from the house as a result of the said gun shot injury and succumbed to death. A few villagers assembled there after hearing the noise. The dacoits, however, went away with stolen articles. The one eyed dacoit (appellant Bishnudeo Chamar) took away even the Kurta and shoe of Mahadeo Singh while fleeing away. After the dacoity the informant went into his house and learnt from his brother Deobansh Singh that some dacoits had entered into the house by breaking open the back door. In the information lodged with the police the informant also stated that along with the appellant Bishnudeo Chamar he had seen quite a few other persons in the village on Sunday morning before the day of dacoity.

(3.) In the eventual trial since other accused persons have been acquitted, every detail of the evidence and defence of the accused persons is not necessary. Appellant Dukhan Ram is a co -villager and his name was mentioned as one who had entered into the Baithaka along with other one eyed dacoit (Bishundeo Chamar). The other dacoit was described in the information as a person having only one eye. When clues became available later on during the investigation the police searched for appellant -Bishun -deo Chamar and ultimately on 10 -5 -1980 requisitioned for necessary process for apprehending him. He was taken in custody and forwarded to jail on 26 -10 -1980. On 1 -11 -1980 he was put on test identification parade. In the said test identification parade he was identified as the said one eyed dacoit, by P. Ws. 6, 8, 9 and 10, namely, Devbansh Singh the informant's brother, Binod Kumar Singh the informant's nephew. Ana Devi wife of Binod Kumar Singh and P.W. 10 Suresh Nani Devi wife of Ramballabh Singh (another son of the informant Surajbansh Singh).