NANHAK SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the order dated 27.8.1993 passed by Shri K.N. Sah, Asstt. Session Judge, Chatra in S.T. No. 280/92 through which all these three petitioners were convinced and sentenced to undergo R.I. for 7 years and also against the judgment and order dated 16.6.94 passed in Cr. Appeal No. 210/93 by Shri Ramayan Pandey, Addl. Session Judge, Chatra through which the order of conviction passed by the Asstt. Session Judge Chatra as mentioned above was confirmed and the appeal was dismissed.

(2.) The fact in short for the purpose of this revision is that it is the prosecution case that on 28.7.91 the informant, Doman Mahto along with his co-villagers, namely, Jagdish Das, Puran Mahto, Baldeo, Lurki Devi, Latan Mahto etc. had gone to Sheregarha weekly market and they were returning to their home village Dahu but at about 7 p.m. or so when they reached near Hanumansthan Chowk of village Dahu within Tandwa P.S. then found that all in a sudden 8 persons came out from jungle and come of them were armed with gun, dagger, garajisa etc It has been alleged by the informant that the dacoits way led them and they forcibly taken away cash from the informant and the other witnesses and some articles and they had also assaulted Sohrai Mahto and all the dacoits had covered their faces by towel but at the time of assault the towels of three dacoits slipped from their faces and in that process the informant and other witnesses could identify, these petitioners namely, Nanhak Singh, Devi Singh, and Chintaman Thakur. As it was late night so on the next day at about 2 p.m. a written report was submitted by the informant at Tandwa P.S. and on that basis a case was instituted as against the petitioners and unknown under Section 395 of the Indian Penal Code.

(3.) After investigation police submitted charge sheet as against these petitioners only under Section 395 of the Indian Penal Code and in due course the case after commitment was taken up fro trial by Shri K.N. Sah, Asstt. Session Judge, Chatra. In the court below all the petitioners claimed themselves innocents and denied to have taken part in the occurrence and it is their defence that all the petitioners are of village Ganeshpur which is near to the village of the informant and there was previous enmity between them and so they had been falsely implicated in this case. However, the trial court believed the prosecution story an convicted all these three petitioners and sentenced them R.I. for 7 days under Section 395 of the I.P.C. After that all the petitioners preferred an appeal bearing Cr. Appeal No. 210/93 but Shri Ramayan Pandey, Asstt. Sessions Judge, Chatra also dismissed the appeal confirming the sentence as awarded by the trial court.