SHIV NANDAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction and sentence dated 29.07.2002 passed by Sessions Judge, Madhepura in Sessions Trial No. 31 of 1995 arising out of Madhepura (Ghailarh) P.S. Case No. 135 of 1992, whereby the learned trial court convicted the accused persons, namely, Shiv Nandan Yadav and Pankaj Yadav for the offence punishable under Section 395 of the Indian Penal Code and sentenced them to undergo R.I. for five years for the said offence.

(3.) Factual matrix of the case is that Madhepura (Ghailarh) P.S. Case No. 135 of 1992 was instituted under Section 395 of the Indian Penal Code against the accused persons, namely, Pankaj Yadav, Shivnandan Yadav and 17 other unknown miscreants on the basis of the fardbeyan of Radhe Shyam Yadav, Son of Late Saryug Yadav, Resident of Village- Chiknotwa, P.S.- Ghailarh, District- Madhepura recorded by S.I. Mirdula Kumari, O/c of P.S. Ghailarh, District-Madhepura on 06.06.1992 at 08:30 AM with the allegation in succinct that on 06.06.1992 in the mid night, 18-19 unknown miscreants armed with rod, lathi, spade, etc. descended the house of the informant and flashed torch light on his face. On quizzing about their identity, they pulled him down from the cot and assaulted him by means of rod and lathi. They asked him about money kept by him. On refusal to have money, 5-6 miscreants kept surrounding him while others intruding into his house committed dacoity and looted away household articles, three boxes and cereals. The aforesaid dacoits also committed dacoity in the house of his uncle, namely, Kamleshwari Yadav and looted household articles and cereals from his house as well tying his cousin Jai Kumar Yadav and Shiv Kumar Yadav. The informant identified one of the miscreants in the occurrence as Pankaj Yadav in the torch light flashed by him while his cousin Jai Kumar Yadav identified the accused Shiv Nandan Yadav in the torch and lantern light. After committing dacoity, the miscreants left the scene with the booty. Thereafter responding hulla, villagers rushed there and gave chase to the miscreants, but in vain.