DASAIN DUSADH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ABOVE named appellants, namely, Dasain Dusadh, Sudarshan Yadav (Singh), Daroga Yadav all of village gangadhar Dehri, Katai Bojh, P. S. Tiar, district Bhojpur and the appellant mahendra Yadav of village Katai Bojh, P. S. Tiar, Dist. Bhojpur have filed this appeal against the judgment of conviction and order of sentence dated 30-9-1992 passed by the 3rd Additional Sessions Judge, Bhojpr at Ara in Sessions Trial No. 37 of 1987 (Tiar p. S. Case No. 1 of 1985 dated 24-1-1985)whereby all the appellants were found guilty for committing offence under Section 395 of the Indian Penal Code and were sentenced to undergo R. I. for ten years each besides to pay fine of Rs. 2,500/- each and in default of payment within 90 days of the judgment to undergo further R. I. for six months.

(2.) EXHIBIT 4 is the basis of the prosecution case which is the statement given by the PW 5 Mahesh Pathak on 24-1-1985 at place of occurrence in village Katai Bojh before the S. I. alleging therein that at the preceding 11 p. m. in the night of 23rd January, 1985, pw 5 along with his other family members were sleeping inside the house. At that time 8-10 dacoits scaled down from the roof of the house. They barged into the angan and opened the main door and committed various overt acts. On hearing unusual sound, PW 5 raised alarm, the miscreants fired but the informant luckily escaped unhurt. 4-5 dacoits came inside the room of the informant and assaulted him with Rami, causing injury on his person. PW-5 recognized Dasain Dushadh, sudarshan Yadav and Dargoa Yadav having holding Rami, pistol and gun respectively. The informant claimed that he could identify others because at the time of occurrence they concealing their identify. Lantern was damaged on account of firing by the dacoits. In course of dacoity cloths, ornaments, utensils and other belongings of the house were taken away. After investigation charge sheet was submitted and the case was committed to the Court of Session where the charges were explained to the accused and trial proceeded.

(3.) IN order to prove the case the prosecution has altogether examined 8 witnesses they are PW-1 Kuslesh Kumar Pathak, PW-2 shailesh Kumar Pathak, PW-3 Akhilesh kumar Pathak, PW-4 Smt. Radhika Devi, pw-5 Mahesh Pathak, PW-6 Kamlesh mishra, PW-7 Dr. Birendra Kumar, PW-8 jadunandan Singh, S. I. the I. O. of this case. PW-5 is the informant himself. PW-6 is the Judicial Magistrate who has conducted tip, PWs. 1, 2 and 3 are the sons of the informant PW 5. PW 4 is the wife of the informant PW 5.