RAM KRIT BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed against the judgment and order of conviction and sentence dated 09.09.2002 passed by the Additional Sessions Judge-cum-F.T.C.-II, Kaimur at Bhabua in Sessions Trial No.417/61 of 1993/2002, arising out of Bhabua (Sonhan) P.S. Case No.38/93, whereby the learned trial Court has acquitted Praduman Pandey and Bashistha Dubey and convicted the accused Ram Krit Bind under Section 395 of the Indian Peanl Code and sentenced him to undergo rigorous imprisonment for seven years.

(2.) The factual matrix of the case is that Bhabua (Sonhan) P.S. Case No.38/93 was instituted against 10/12 unknown accused persons under Section 395 and 397 of the Indian Penal Code, on the basis of fardbeyan of Lalita Dubeyson of Late Basdeo Dubey, resident of village Jagdishpur, P.S. Sonhan, District Kaimur at Bhabua recorded by A.S.I. Raghubir Prasad on 02.03.1993 at 6 AM in Sadar Hospital, Bhabua, with the allegation in succinct that in the night of 01.03.1993 at about 12:30 PM while he along with his family members were sleeping in their house, he heard sound of knocking the door, his wife woke him up then he rushed to the door and pressed it from inside but in the meantime, the accused persons broke open the door. Thereafter, after entering into his room, six accused persons demanded money from him and took out three boxes, one briefcase and two plastic bags containing attire, ornaments and other articles worth Rs. 7000/- - Rs. 8000/- of his family members. They also assaulted him, his wife and daughter, namely, Rambha Kumari. During the occurrence, two accused persons, who had covered their faces, were taking out boxes etc. from the room. Two accused persons were also standing on the door of his house near 'Baithaka'. Miscreants stayed in the house for 15 to 20 minutes and they were flashing torches and in its light he, his wife and daughter clearly witnessed the miscreants and can identify them.

(3.) The aforesaid case was registered by the police and on conclusion of investigation, the Investigating Officer submitted the chargesheet under Sections 395/397 of the Indian Penal Code against Praduman Pandey, Basistha Dubey, Nagendra Prasad Srivastava and Ram Krit Bind.