MOHAMMAD ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three appeals were heard analogously as they arose out of the same judgment pronounced by the VI Additional Sessions Judge, Dhanbad, in Sessions Trial No. 75 of 1978, dated the 21st May, 1986 by which all the 4 appellants were found guilty of the offence under Sec. 396 of the Indian Penal Code and were sentenced to undergo imprisonment for life.

(2.) Shortly stated, the prosecution story in the court below, was that on the night of 11-1-1975 Sidheshwar Dubey was sleeping in the house of his father-in-law, Ram Nath Tiwary, along with his wife in the same room, his mother-in-law was sleeping in another room and Ram Nath Tiwary and his brother were out on duty. Sidheshwar Dubey woke up as his hair locks were stretched by the five dacoits whom he saw in the light of the lantern burning there. He was silenced under the threat that he would be killed if he raised alarm and directed to hand over articles. Torches were flashed by the dacoits also. A wrist watch and some clothes of the informant were snatched away by the dacoits. A earring from the ear of informant's wife was also possibly taken away. His mother-in-law did not open the door even at the asking of the dacoits. The door was broke open. They were moving about between the rooms and the angan. In that room also a lantern was burning. About 14 to 15 dacoits looted away the untensils, ornaments, clothes cash etc. from his house. The informant succeeded in slipping from the back door of the house secretly and raised alarm after going out. The dacoits lied away. The informant returned to the house and saw Jyoti Singh (PW 4) and who told him that a sum of Rs. 50.00 was snatched by the dacoits at the point of gun when they were fleeing away.

(3.) Ram Nath Tiwary went to inform the Police on his return from duty. Meanwhile Lalchand Gope learnt from others that at Jatudih two constables, namely, Janardan Dubey (deceased) and Brij Bihari Tiwary (P.W. 2) of Putki Police Station were on patrolling duty in the night and they accosted the dacoits who were going with the looted articles. The two constables attemped to take the dacoits to the Police Station but-they were attacked by the dacoits killing constable Janardan Dubey there. The other constable Brij bihari Tiwary (P.W. 2) was injured. The villagers had arrived there and then the dacoits fled away. The fardbeyan of the informant was recorded at the Police Station. Accordingly, a case of dacoity under Sec. 396 of the Indian Penal Code was drawn up. The Police visited Jatudih where constable Janardan Dubey was killed and P.W. 2 Brij Bihari Tiwary was injured. An inquest report on the dead body of Janardan Dubey was prepared and the dead body was sent to Dhanbad Central Hospital for post-mortem examination. The Investigating Officer examined P.W. 2. He visited the place of occurrence (house) and examined the family inmates. Thereafter, the Investigating Officer arranged several test identification parades for identification of the accused persons by the witnesses. The case of one accused namely, Jalil Mian, who was said to have died, was separated. After completing investigation the police submitted charge-sheet against the accused appellants. Later, the appellants were tried and found guilty and were sentenced as given above.