MADHU SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under sec. 395 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years.

(2.) The prosecution case, in brief, is that the marriage of two sons of the informant, Ramanand Pandey were fixed for 29.4.1977 and 2.5.1977. To attend the marriage his son Suresh Pandey had reached with his family at about 8 P.M. on 25.4.1977 and about 10 P.M. the family took meal and went to sleep. It has been further alleged that the informant was sleeping on the northern room situated on his eastern Osara and his son, Suresh Pandey was sleeping in the open hall situated at the Darwaja. At about 11.45 P.M. the dogs started barking at which he woke up. At the sound of beating of the Darwaja, he lit his torch and saw that some persons were thrashing at the closed door which was connected to the ladies portion of the house. It has been further alleged that with the lighting of the torch, five persons came to him and one of them directed him to put-off the torch but the informant did not oblige. At that, one dacoit hit him 3/4 times with iron rod. The. dacoit snatched away his wristwatch. It has been further alleged that in the light of torch he identified one Nageshwar Pandey and one Rama Shankar Pandey of the village. The dacoits looted away the articles from the box kept in his room by breaking its hook. They also took away one Khukhri kept below the belding. Thereafter they went to his son Suresh Pandey, assaulted him with iron rod and took away his wrist-watch. In the meantime, 7-8 dacoits entered into the womenfolk's portion of the house by breaking open the door and entered one by one into every room and looted articles kept in the boxes including cash, clothes and ornaments. They also took away ornaments which the women folk were wearing. One dacoit had also asked his daughter, Asha, to handover, Kulhari, keys and money. They were all armed with countrymade pistol. Danda and torches. After the loot, they fled away towards east. On Hulla the villagers had assembled there. The informant had claimed that they could identify the dacoits as they had seen them in the light of the torch. The informant has given list of a number of ornaments which the dacoits had taken away. On the basis of the aforesaid statement a formal F.I.R. was drawn up. After completion of investigation the police submitted charge-sheet against the accused persons. Thereafter cognizance was taken and the Cuse was committed to the court of session for trial.

(3.) The appellant pleaded not guilty and has stated that he has been falsely implicated in this case due to enmity.