RAGHUBIR CHAMAR ALIAS AHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the above named two appellants against the judgment and order dated 28.1.1988 passed by the iearned Additional Sessions Judge 4th Ara, Sri S.M.U.F Alam, in Sessions Trial No. 375 of 1984 arising out of Dhansoi P.S. case no.1 of 1984 whereby he has been pleased to convict both the appellants, namely, 1. Raghubir Chamar @ Ahir and 2. Ram Naresh Yadav @ Naresh Ahir under Sec. 396. of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life.

(2.) THE prosecution case as per the statement given by P.W.11, Ramadhar Pathak, before the Police Officer of Dhansoi P.S. in the night of 3.7.84 at 3.30 A.M. in presence of Chaukidar, Suresh Yadav, in brief, is that in between the night of 2nd and 3rd July, 1984, he was sleeping at his Darwaza (Baithka) situated at a distance of about 20 -30 yards from his residential house towards south west. At about mid night he woke up on hearing sound of barking of dogs whereupon he flashed torch light and saw 6/7 dacoits, who were armed with gun, bhaia and lathi, standing near his house. Out of them three dacoits were getting down in his Angan from the roof of his house, whereas other three dacoits were standing on the boundary wall of his house. On seeing dacoits, he raised halla of dacoits -dacoits whereupon some of the dacoits started firing from the gun and some of them started looting the house hold articles. On hearing the cry of the informant and also on hearing the sound of firing the villagers and other relatives of the informant started assembling. The villagers and the relatives tried to surround the dacoits, who started fleeing away towards west after looting the house hold articles. The informant, his brother Ram Awadhesh Pathak and other villagers started chasing the dacoits. The informant and his brothers Ram Awadhesh Pathak pounced upon the dacoits and attacked the dacoits with farsa, lathi, whereupon, the dacoits also retaliated with lathi blow and gun shot. The informant gave a lathi blow on the head of one of the dacoits, who was carrying a box on his head, as a result of which, the said dacoit fell down and then he started running away after throwing the box. In the meantime the informants brother Ram Awadhesh Pathak sustained fire arm injury and he fell down. The pillet had entered into the abdomen of the informants brother Ram Awadhesh Pathak, as a result of which, the informants brother died at the spot. The informant became terrorised and due to that he decided to abandon further chasing of dacoits. The villagers also became scared due to the killing of informants brother and they also abandoned the chasing of the dacoits. About 15 -20 dacoits had participated in the dacoity. The informant claimed that he had identified the dacoits in the torch light and further claimed to identify the dacoits on seeing their faces again. During the scuffle with the dacoits besides the informants brother Ram Awadhesh Pathak (deceased), the informant and several other persons, namely, Sipahi Yadav (P.W.8), Kabilash Yadav (P.W.9) had also sustained injury by means of lathi and pillets at the hands of the dacoits. The dacoits looted away rupees eleven thousand cash and other aritcles including ornaments, clothes, wrist watch etc.

(3.) ON 21st July, 1985, charge under Section 396 of the Indian Penal Code was framed against the appellants and others by the 4th Additional Sessions Judge, Sri Kedar Nath. The accused persons pleaded not guilty to the charge and then they were put on trial. The defence of the appellants before the Trial Court was that they had not committed any offence and they have been falsely implicated in this case on account of enmity and grudge and rivalry in the village.