BHARTHAN KURMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order of conviction recorded in S.T. No. 353/83 by 7th Addl. Judicial Commissioner, Ranchi thereby and thereunder the sole appellant was found guilty under Section 395 of the IPC and he was sentenced to undergo R.I. for 5 years and he was also directed to pay a fine of Rs. 1,000/- in default of same to undergo R.I. for six months.

(2.) The prosecution case in short is that in the night of 26/27-5-80 the informant Bhola Singh who is the night guard of a dairy firm situates at Namkum, was doing duty alongwith one Charan Munda, another employee and two other employees Ramu and Ramchander Yadav were sleeping in the pump house. It has been alleged at about 2.30 a.m. in the night first of all two persons came and one of them was armed with revolver and they apprehended them and tied their legs and hands then 8-10 persons again came and began to threaten the informant and Charan Das Munda and also apprehended Ramu and Ramchandra Yadav and tied their hands and legs and they were asking where the store is situated but they did not disclose the same then the miscreants took the wrist watch from the informant and Ramchandra Yadav and also took away torch and some utensils. Then the miscreants escaped away and on the way they had also made an attempt to commit theft in the house of Maharaj Singh, Surendar Sing and Indrapal Singh who were clerical staffs of the firm house but they were not successful and escaped away. In the meantime the informant and others were able to untie their hands and legs and then raised alarm and then several persons and other employees assembled and Charan Munda disclosed that he had been able to identify this appellant, Bharthan Kurmi of his village and one Fagu Kurmi. In the morning i.e. on 27-5-1980 this written report was submitted to Namkum police and the informant and other witnesses claimed that they could identify the other dacoits. So this case was instituted. During investigation some suspects were apprehended and those two suspects and this appellant were put on TIP but only Charan Munda, P.W. 2 could identify this very appellant in the TIP. The police after investigation submitted chargesheet only against this appellant and some other suspects were not sent up for trial.

(3.) In the Court below the appellant claimed himself innocent and denied to have participated in this dacoity and it is his defence that Charan Das Munda who is co-villager implicated him falsely out of enmity. However, the trial Court believed the prosecution story and found this appellant guilty under Section 395 of the IPC and convicted and sentenced the appellant in the manner indicated above.