DILIP YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE three appellants herein having faced their trial before Sri Shiva Shankar Sharma, the then 8th Additional Sessions Judge, Purnea, in Sessions Trial No. 108 of 1992, arising out of K. Nagar P.S. Case No. 224 of 1991, have been convicted under sec. 395 I.P.C. by order dated 13th January, 1993 for allegedly committing dacoity of Rs. 5000/ - from the possession of informant Md. Gayasuddin and by order of even date each of them have been sentenced to undergo rigorous imprisonment for 3 years.

(2.) THE prosecution case as spelt out in the fardbeyan of Gayasuddin inter alia is that at about 7 A. M. on 21.9.1991 he started from his home with Rs. 5000/ - to purchase goats and travelling by jeep he got down near the Kamat of Mishri Lai Mahto from where he went to the Mushar Tola where no goat suitable to his terms was available whereupon he returned to the road infront of the Kamat aforesaid at about 8 A.M. He was immediately surrounded by 8 -9 persons who started demanding money from him which he refused to hand over. It is said that they forcibly started snatching the money from him in course whereof whereas one of the culprits dealt a lathi blow another assaulted him with the butt of his .303 and a third culprit attempted to stab him with a Chaku which he warded of with his left hand. However, he was thrown on to the ground and the cash of Rs. 5000/ - in notes of various denominations was taken away from him whereafter all the culprits ran away after threatening him not to go to the police station. According to the informant he was a routine visitor to the area in connection with his business of buying goat for the past 20 years and all the people of the area were known to him and vice versa. He claimed to have identified five of the culprits ' including the three appellants herein. So far as the remaining culprits are concerned he furnished the details of their physical features and claimed to identify them on seeing them.

(3.) AT the Sessions Trial a charge only under sec. 395 I.P.C. simplicitor was framed against the three appellants herein who pleaded not guilty and claimed to be tried. That apart, it appears from the trend of cross examination of the P.Ws. that the specific defence of the accused was that they have been falsely implicated as they had demanded the dues of the previously sold goats.