NARAYAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction passed by Sri M.P. Tiwary, IIIrd Addl. Sessions Judge, Jamshedpur, in S.T. No. 110/86 where by and whereunder all these six appellants were found guilty under Section 395, IPC and they were sentenced to undergo rigorous imprisonment for ten years each.

(2.) The prosecution case, in short is that, in the night of 6/7.12.1985. the informant was sleeping in his residential house situate in village Chhotagobindpur within Gobindpur P.S. and he and his wife got up due to beating sound on the door. Then the informant suspected that dacoits had arrived and so he and his family members raised alarm of 'chor-chor and the informant was trying to hold the door from inside and his wife had entered into another room and got herself bolted from inside. However due to continuous beating and pressure, the bolt of the door had broken and as many as four dacoits first of all entered in the house and one of them was holding a pistol and they apprehended the informant and the other dacoits were also variously armed and he was threatened on the point of pistol to ask his wife to open the doors otherwise he will be killed. Then the informant asked his wife to open the doors and so the doors of the other room were also opened. Then again three dacoits entered and they searched a box and took it out and also took utensil, clothes, earring from under the cot and a uniform of the informant containing Rs. 500/- in cash in the pocket. After that the dacoits escaped away but the informant and his wife had identified the dacoits in the light of lantern which was burning inside the room.

(3.) On the same night at about 2.15 a.m. or so, that is, on 7.2.1985, the informant recorded fardbayan in the P.S. and on that basis this case was instituted. During investigation, the suspects were apprehended and they were put on T.I. Parade on 2.1.1986 and several suspects were identified by the informant and his wife and further the stolen articles were also recovered from the possession of the suspects and they were seized and put on T.I. Parade and identified by the informant and his wife. Police after investigation submitted charge-sheet as against 8 accused persons and one Boro Lohar was declared as absconder. During trial, one Dhiren Bhumij also absconded. So his trial was separated and after conclusion of the trial, Bhadro Ho was acquitted of the charges and remaining six accused persons were simply convicted under Section 395, IPC and they were acquitted of the charges under Section 412, IPC.