DOCTOR NONIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) MAHENDRA Nonia and Doctor Nonia, aggrieved by the judgment and order dated 30th of May, 2002. passed by the Additional Sessions Judge, Fast Track Court No. Illrd, Bhojpur, Ara in Sessions Trial No. 397 of 1981/35 of 2002 holding them guilty of offence under Sec. 396 of the Indian Penal Code and inflicting sentence of imprisonment for life, have preferred this appeal.

(2.) During the pendency of the appeal, Mahendra Nonia died and, as such, appeal preferred by him has abated and this appeal is confined to appellant Doctor Nonia only.

(3.) ACCORDING to the fard beyan given by P.W. 4 Ram Narayan Singh on 23.7.1980 at about 3 P.M. before the SubInspector of Police at Piro Police Station, prosecution story is that in the night between 22nd and 23rd of July, 1980, he was sleeping in the female -wing of the house, whereas his father Sheo Pujan Singh was sleeping at the Dalan of the house. At about 10 ' clock in the night he woke up on hearing the alarm of his mother Salhatiya Devi (P.W. 1) and saw her in the courtyard screaming being assaulted by two dacoits from the butt of the gun. His two sisters, namely Binda Kumari (P.W. 3) and Chandkeshari (P.W. 2) also woke up. Dacoits disclosed that they are facing the consequences of having picked up quarrel with Bihari and further enquiring as to where the sale -price of the ox sold has been kept. According to the informant, two of the dacoits, who were armed with bhala and pistol came near him and also enquired about the money. Dacoits intended to assault him but his mother came and shielded him. Two of the dacoits started breaking the earthen pot looking for the money, whereas 6 -7 dacoits were at the Dalan of the house and assaulting his father, whereas some of them were in the gali. In the torch light of the dacoits themselves, informant identified Mahendra Nonia as also Doctor Nonia of nearby village Sanehi Tola. All the dacoits left the place from the exit door and closed the same from out side. At that time his father started screaming that he is being killed. On the alarm raised by the family members villagers came, opened the door and only thereafter they came out and found his father dead with injury. According to the informant, utensils as also Rs. 1100/ - and clothes were removed by the dacoits during the course of dacoity.