RAJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these three appellants have been convicted under S.396 of the Penal Code and each of them has been sentenced to undergo rigorous imprisonment for life. In the night of 20th May, 1979 at about 9 P.M. Ram Saroj Sharma (P.W.5) was sitting at his darwaja situated in village Chhotaki Kako. P.S. Jehanabad within the District of Jehanabad. At that very time about 20 to 25 dacoits variously armed came to his Darwaja and asked the informant Ram Saroj Sharma to let them know as to where the valuables were kept. Thereafter some of the dacoits entered into his house and some of them started beating him. Other members of his family were also assaulted and properties were looted away. Dacoits also fired gun. On hearing hulla, Ram Nandan Singh co-villager of the Informant came and resisted with the dacoits from taking away the articles. It is said that appellant Raj Kumar Singh then fired his gun due to which Ramandan Singh received injuries and died then and there. Thereafter dacoits with looted properties went away. Amongst the dacoits these three appellants along with others were identified. In that very night Sub-Inspector of Police, Kako Police Station came to the place of occurrence and recorded the fardbeyan Ext.1 of P.W.5 on the basis of which a formal case was registered and the investigation was started. In course of investigation number of persons were arrested and at the first instance charge-sheet was submitted against 12 accused persons including these appellants and 12 persons were not charge-sheeted. Subsequently one Kamaldeo Yadav was also charge-sheeted. One Girish Sharma (already acquitted) was later on also put on trial.

(2.) Ultimately 16 accused persons including these appellants were committed to the court of session for trial. One of the accused died during the trial. It also appears that during the trial, some of the accused persons jumped away the bail and absconded and that they are still absconding. Ultimately these appellants along with 4 other accused persons faced the trial. In the trying court as many as 13 witnesses were examined on behalf of the prosecution. The appellants denied the allegation and pleaded their innocence and their further case appears to be that they were implicated due to enmity.

(3.) On behalf of the defence 5 witnesses were examined. D.W.4 has come to say that Kapil Deo Singh is sala of Appellant Raj Kumar Singh and P.W.5 has proved Ext. B.