BASANT KAHAR ALIAS GARIBAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Basant Kahar alias Gariban along with others, namely, Bhimsen Singh, Rampati Dusadh and Chanradeo Sao were put on trial for commission of offences under Section 395, IPC and accused Rampati Dusadh further was charged under Section 412, IPC. By judgment dated 4.7.1992 passed in Sessions Trial No. 64/85 of 1986/86 by Sri Hari Shankar Prasad. the then 4th Additional Sessions Judge, Aurangabad while acquitting Bhimsen Singh, Rampati Dusadh and Chandradeo Sao of the charges framed against them convicted the appellant herein, Basant Kahar, under Section 395, IPC and by order dated 6.7.1992 convicted Basant Kahar to undergo rigorous imprisonment for 10 years.

(2.) The prosecution case was set in motion when Birja Singh, the informant, at about 4 a.m. on the. morning of 18.7.1985 gave his fardbeyan before the SI of police Amba P.S. stating inter alia that on 16.7.1985 there was a bhoj and on the following day there was barakhi of his deceased father, Ramdeo Singh, where many relatives from outside had gathered and had left by 4 p.m. It is said that the informant and his family members having become tired soon fell asleep with the informant sleeping in the outer baithak. At about 1 a.m. some unknown dacoits knocked on the main door of his house which aroused him. He saw 4 dacoits pointing their guns at him and they asked him to get the main door opened which the informant wanted to avoid. It is said that his younger brother Jainandan Singh was sleeping by his side was not permitted to get up by the dacoits who tied the hands of both the brothers behind their back and threatened them not to raise any alarm. Out of fear both the brothers kept quite. The dacoits then brought the wooden portion of the rehat and with the help thereof dashed at the door as a result whereof the door was thrown open and the 8 dacoits entered inside the house and resorted to looting household articles which were carried away. The dacoits were 15-20 in number and in the age group of 20-22 years. Description of some of the dacoits and of their wearing apparel were also furnished. Details of the looted articles was also furnished. It is said that after the dacoits had left they raised alarm which attracted the people of the vicinity who assembled and gave chase up to river Bhutane but the dacoits managed to escape.

(3.) On the basis of the said fardbeyan Kutumba P.S. Case No.77 of 1985 under Section 395, IPC was registered against unknown and police after due investigation submitted charge-sheet under Sections 395 and 412, IPC and eventually the four persons named above and whose names cropped up in course of investigation were put on trial for offences under Section 395, IPC and accused Rampati Dusadh was further charged under Section 412, IPC. The defence plea was one of innocence, false implication and it was alleged that no occurrence as alleged had taken place.