BHOLA BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant along with one Datta Kahar was put on trial for commission of offence punishable under Section 395 of the Indian Penal Code in Sessions Trial No. 1071/45 of 1979/90, arising out of Chainpur P. S. Case No. 3 of 1976 and Sri Diwakar Jha, the then 1st Additional Sessions Judge, Bhabua, by his judgment and order dated 21st November, 1992 while acquitting Datta Kahar of the charges framed against him recorded a verdict of conviction against Bhola Bind and sentenced him to undergo rigorous imprisonment for ten years.

(2.) The criminal prosecution was set in motion when the informant, Durga Prasad Singh, gave his fardbeyan at about 5 a.m. on 4-7-1976 in respect of the alleged dacoity which took place in his house in the night between 3rd/4th July, 1976. According to the informant he was sleeping at his Darwaja in his sahan and the female and other inmates were sleeping inside the house when at around 1.30 a.m. he was awakened by the barking of a dog. The father of the informant also awoke and went towards the south of his residence to have a look. In the meantime the informant saw 5-6 dacoits catching hold of his father and dragging him and asking for the keys of the house. Some 8-10 dacoits came near the informant caught hold of him and tied his hands behind his back. It is said that whereas 2-3 dacoits stood guard near the informant two others tried to climb on to the roof of the house by means of bamboo ladder but could not succeed. However, the main gate of the house was broken open by the dacoits who entered inside and looted away the belongings. The informant claimed that he did not offer any resistance out of fear. The informant in the light of the torches being flashed by the dacoits claims to have identified Bhola Bind with gun and torch in his hand and Nageshwar Upadhyay, Bindu Upadhyay, Bahadur Dusadh, Datta Kahar and Nathuni Bind amongst dacoits who were 15-20 in number and were variously armed with lathi. guns and torches. Having completed the looting operation the dacoits fled towards the south whereafter the informant learnt from his wife that the dacoits had assaulted her with slaps and fists and looted away Rs. 7,000/- in cash along with ornaments and other household materials. He also learnt from his father that he had identified Nageshwar Upadhyay, Bhola Bind, Bindu Upadhyay amongst the dacoits. On alarm being raised co-villagers, Ram Bali Singh, Daya Shankar Singh, Ganga Dhar Lal, Islam and others arrived to whom the informant narrated the occurrence and also disclosed the names of the dacoits who had been identified. On the basis of the said fard- beyan, Chainpur P. S. Case No. 3 of 1976 under Section 395, I. P. C. was registered.

(3.) After due investigation police submitted a charge-sheet against six persons and after the commitment of the case to the Court of Session the case so far as Lal Jee Dusadh and Bahadur Dusadh are concerned was dropped by reason of their death vide order dated 28-1-1991 and the case of Nageshwar Upadhyay and Bindu Upadhyay were separated from that of the present appellant and Datta Kahar as they were reported to be absconding. Eventually charge under Section 395 of I. P. C. was framed against the present appellant and Datta Kahar on 25-6-1992 to which they pleaded not guilty and claimed to be tried.