NAND KISHORE MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The eighteen appellants along with three others, namely, Sitaram Yadav, Sahdeo Yadav and Jaldhari Yadav were put on trial for commission of offences punishable under Sec. 395 I.P.C. in Sessions Trial No. 685/540 of 1986/92 arising out of Sikandara P.S. Case No. 68 of 1986. Sri Nagendra Narain Singh the then 2nd Additional Sessions Judge, Jamui, by his judgment dated 5th December 1992 convicted all he accused under. Sec. 395 I.P.C. and by his order dated 7th December 1992 sentenced each of them to undergo rigorous imprisonment for 7 years.

(2.) I will not be out of place to mention here that during the pendency of the appeal before this Court appellants Sitaram Yadav, Sahdeo Yadav and Jaldhari Yadav expired on 8.6.1999, 13.2.2007 and 16.3.2005 respectively and on an affidavited petition being filed regarding their death their names were deleted from the memorandum of appeal by order dated 8.5.2007 and the appeal so far as they are concerned stands abated.

(3.) The prosecution case was set in motion on a written report (Ext. 4) being submitted by one Shiv Tahal Mahto on 6.4.1986, inter alia, stating that at about 12 noon that day all the 20 named persons along with 5-6 unknown others entered into his house and looted away household articles, full details whereof have been furnished, including gold and silver ornaments to the tune of Rs. 8,000/-. It has been alleged that Harsahai Mahto the alleged leader of the dacoits had got tis dacoity committed to create a fear in the mind of the informartt in an effort to bring him within the fold of his party. It is also said that the said Harasahai Mahto extorts money from those who are not inclined to join his party. It has also been stated that the occurrence was witnessed by several co-villagers including Lakhan Mahto and Harcharan Mahto who had arrived. On the basis of the said written report Sikandara P.S. case no. 68 of 1986 under Section 395 I.P.C. was registered and after due investigation a charge sheet under the said penal provision was submitted against 22 persons showing Harsahai Mahto and Chunnilal Yadav @ Narendra Yadav as absconder. Accused Yogendra Mahto died during the pendency of the trial and trial so far as he was concerned was dropped.