SIHARI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant Cr. Appeal has been filed by appellants against the judgment of conviction and order of sentence dated 31.05.1994 passed by learned 2nd Additional Sessions Judge, Saharsa in Sessions Trial No. 60 of 1984 / 36 of 1988, whereby the appellants have been convicted under Sections 396 of the Indian Penal Code and sentenced to undergo R.I. for life.

(2.) The prosecution case in brief, as made out in the fardbeyan of Dhirendra Prasad Singh is that on 01.12.1983, at about 6.15 P.M., the informant Dhirendra Prasad Singh (P.W.5) was sitting in his shop situated near his Darwaja and was reading a book in the light of DHIBRI, while his father Muneshwar Prasad Singh was sitting near CHURA, burning near the BAITHAKA that one Sachidanand Pathak was tutoring the children in the light of a lantern at that BAITHAKA. The informant's elder brother Narendra Kumar Singh and younger cousin Rabindra Kumar Singh were in the courtyard of the house. It has been alleged that at about 6.15 P.M., two unknown dacoits came at the doors from western direction, while other 5-6 dacoits trespassed into the informant's house. The two dacoits, who had come at the door, while hurling abuses rushed to assault the informant and his father, but the informant managed to flee away towards southern direction and started raising alarm. Some time thereafter the informant returned to his door and went inside the house then saw 5-6 dacoits inside the northern room while 1 dacoit being armed with a lathi standing in the courtyard. It has further been alleged that deceased Narendra Kumar Singh and Rabindra Kumar Singh resisted, but were silenced by the criminals by firing 3 shots on them. The deceased after sustaining serious gun shot injuries, fell down on the ground and their bodies were smeared with blood. It has further been alleged that the culprits, besides one double barrel regular gun of the deceased Narendra Kumar Singh, a Philips Phileta rado, one cotton wrapper of tutor Sachidanand Pathak were looted besides the house hold articles worth about Rs.4,000/-. It has further been alleged that the informant, his family members, tutor Sachidanand Pathak and other villagers arriving on halla identified the culprits by face in the light of Dhibri, lantern and torch. The culprits while retreating had left some of their general belongings, such as, one plastic bag, Dhoti, a Towel and a cotton wrapper. Soon thereafter both the injured were taken to Simrahi hospital, but they succumbed to the injuries in the way itself.

(3.) On the basis of the fardbeyan of the informant First Information Report has been registered for the offence under Section 396 against unknown.