KRISHNA TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three appeals arise out of the judgment and order dated 26.4.1988, passed by the 1st Additional Sessions Judge, Aurangabad in Sess. Tr. No. 1/87/87 of 1985 and as such have been heard together and are being disposed of by this common judgment. All the appellants have been found guilty of the charges under Section 395 of the Section Indian Penal Code and were sentenced to undergo rigorous imprisonment for ten years. The appellants were found not guilty of the charges framed under Section 27 of the Arms Act as the appropriate authority has not accorded sanction for the prosecution of the appellant for the offence punishable under Section 27 of the Arms Act.

(2.) THE prosecution case in short is that in the night of 30 -31 May, 1984 at about 1.30 a.m. the informant Jagnarain Singh, P.W. 14 and the inmates of the family were sleeping in their house. P.W. 1 Ram Naresh Singh, the brother of the informant and Ramsagar Singh, and his father were also sleeping outside the house. At about 2 a.m. the informant heard some India raised by his brother and father, he suspected that some dacoits had come. He saw them in the torch light. He wanted to flee away, but in the meanwhile the accused caught hold of him, his brother Ram Naresh Singh and their father and took them towards the Angan. It is alleged that, thereafter, the dacoits assaulted his father with dagger and asked him to show the valuables in the house. It is alleged that the dacoits had also assaulted his father with a shoe as a result of which his two teeth were broken and fell down on the ground. His brother Ram Naresh Singh, P.W. 1 was also assaulted with a dagger and the ladies were assaulted with fists and slaps. It is alleged that some of the dacoits entered into the house and took away the valuables including ornaments etc. it is alleged that in course of dacoity, the informant Jagnarain Singh, P.W. 14 and brother Ram Naresh Singh, P.W. 1 both had identified the accused Krishna Tiwari in the light of the lantern, which was burning at that point of time. It is alleged that the informant and his brother along with other witnesses have also identified some of the criminals by their face. The dacoits took away several articles from the house such as clothes, ornaments etc. It is further alleged that after committing dacoity, while they were fleeing away, the villagers chased them and ultimately the accused Janardan Bharti and Bhuneshwar Bharti were apprehended along with the looted articles. It is alleged that on the same night the dacoity were also committed in the house of Suraj Mahto of Village Dhanauti and Jagdish Singh, Narayan Singh, Alakh Mahto and Keshnath Mahto of Village Makhara. It may be mentioned here that the Makhara is a Tola of village Dhanauti. These two appellants namely Janardan Bharti and Bhuneshwar Bharti has filed separate appeal being Cr. Appeal No. 209 of 1988. P.W. 1 Ram Naresh Singh, P.W. 2 Ramsagar Singh and P.W. 8 Lalan Singh have identified the accused Kedar Bharti in the Test Identification Parade and P.W. 2 Ramsagar Singh, P.W. 3, Muneshwar Singh and P.W. 14, Jag -narayan Singh are alleged to have identified the accused Sheodayal Bharti in the Test Identification Parade. On the basis of the allegations aforesaid a case was lodged by the informant, P.W. 14 against one named accused Krishna Tiwary which was registered as Barun P.S. Case No. 85 of 1984.

(3.) KRISHNA Tiwary is the sole appellant in Cr. Appeal No. 198 of 1988. The Sheodayal Bharti and Kedar Bharti are the two appellants in Cr. Appeal No. 199 of 1988.