WAKIL MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The appellants have been convicted under Section 395 of the Indian Penal Code and sentenced to undergo R.I. for 8 years each.

(3.) P.W. 12, Suraj Raut lodged his fardbeyan stating therein, inter alia, that in the night of 24-/25-8-1974, while he was sleeping in his house and P.Ws. 4 and 11, namely, Rudal Sah and Sheonath Ram were sleeping out side the house, he heard some sound of knocking at the door and some dacoits entered in the house, broke open the door and they tied his hands and looted away cash, ornaments, cloths etc. form his house. On alarm, being raised, villagers collected over there and they chased the dacoits. On chase one of the dacoits, namely Bhajan Bhagat was caught by the villagers. The informant further stated in his fardbeyan that he had seen the appellants standing out side and he also came to know from P.Ws. 4 and 11, namely, Rudal Sah and Sheonath Ram that these appellants were also associates of the dacoits standing out side the house.