RAJENDRA SINGH Vs. STATE F BIHAR

JUDGEMENT

(1.) ALL the above noted appeals have arisen out of one common judgment as such they have been heard together and are being disposed by this common judgment.

(2.) THE appellants have preferred these appeals against the judgment of conviction and order of sentence dated 17-7-1993 and 19-7-1993 respectively passed by the 2nd additional Sessions Judge, Jamui in Sessions Case No. 177 of 1992 whereby they have been found guilty for committing offence under S. 395 of the Indian Penal Code and were sentenced to undergo R. I. for 8 years.

(3.) ACCORDING to the prosecution case, a dacoity was committed at mid night at about 00. 20 a. m. at Gidhour Railway Station. The information was given by the Nand Kishore singh, Station Master of that Station. Nand kishore Singh in his fardbeyan which was recorded at 1. 20 a. m. at Gidhaur Railway station alleged that while the informant was working on the roll of Station Master and was in the process of handing over the charge of duty to Station Superintendent sadanand Pandey then 15-16 criminals came and encircled the informant. They started assaulting by fist and slaps and one wooden Bhujali. They pointed out one pipe gun and key of the counter was snatched and the accused persons took away Rs. 471/ -. One of the criminals caught Sadanand pandey and on the point of revolver they got the safe opened and deposit of four days transaction of the station that was Rs. 16. 165/- was taken away. Two Constables binay Kumar Singh (P. W. 2) and Ram bhawan Yadav (P. W. 3) who were on duty were also encircled and they were locked inside the chamber of Station Superintendent. One Constable Binay Kumar Singh (P. W. 2) was robbed of his HMT Kajal writ watch. One umbrella of K. C. Pal Brand and torch of three battery were robbed. One potter was sitting outside was encircled and his hmt watch of Rs. 52/- was taken away. One sita Ram Gosai who was sitting there with his wife, daughter and son was robbed of rs. 515/ -. Kalawati Devi wife of Sita Ram gosai was also robbed of her silver chain, silver bala and payal. After giving fardbeyan nand Kishore Singh (P. W. 2) has put his signature (Ext. 1) which was signed by sadanand Pandey (Ext-1/1) and Dhananjay singh (Ext-1/2 ). Formal FIR (Ext-5) was registered against 15-16 unknown persons for committing dacoity of worth Rs. 17. 128/ -. After investigation charge-sheet was submitted. Cognizance was taken and the case was committed to the Court of Session.