STATE OF BIHAR Vs. NAND KISHORE SINGH

JUDGEMENT

(1.) BY the judgment and order under appeal dated 31, August, 2005 passed by learned 7th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 456 of 2000 arising out of Meenapur P.S. Case No. 73 of 1999, appellant Nand Kishore Singh (Death Reference No. 7 of 2005 and Cr.Appeal No. 622 of 2005), appellant Maheshwar Singh (Cr.Appeal No. 643 of 2005) and appellant Mintu Kumar @ Mintu Singh (Cr.Appeal No. 763 of 2005) have been convicted for the offence under Section 396 of the Indian Penal Code. Appellant Maheshwar Singh has been further convicted under Section 412 I.P.C. but for that no separate sentence has been awarded to him. Co -accused Ramesh Singh has been acquitted of the charges under Sections 396 and 412 of the I.P.C. By order dated 3 -9 -2005 appellant Nand Kishore Singh has been awarded death sentence on account of allegation that in course of dacoity he shot and caused death of deceased Madhukant Jha. The other two appellants have been awarded life imprisonment.

(2.) THE prosecution case as disclosed in the fardbeyan of P.W.9, Amar Nath Jha is that in the night between 21 -22nd April 1999 at about 12 i.e. mid night 30 -40 unknown persons committed dacoity in the house of the informant and also in the adjacent house of his uncle Madhukant Jha (deceased). The dacoits looted away gold chain, gold ring, a bicycle and some other house hold articles and cash from the two houses. In course of dacoity on account of firing from a gun by one of the dacoits Madhukant Jha aged about 75 years died. After committing dacoity for about 15 -20 minutes, the dacoits who were young and of different complexions managed to escape away. After the dacoity was over, the informant came out of his house and came to know about the dacoity in the house of his uncle Madhukant Jha and that he had died due to shots fired at him. Informant saw his uncle lying dead. The Dacoits had also caused injury to Ishwar Nath Jha (P.W.8) and Gena Ram (P.W.7) with stick and bamboo respectively. The informant further came to know about the number of dacoits being 30 -40. All the dacoits were speaking Hindi language. One of the dacoits was armed with gun and others had lathi pieces, stick, country made pistol and bamboos in their hands. They had while fleeing exploded bombs as a result of which Gena Ram (P.W.7) was injured. The details of articles looted from the house of deceased Madhukant Jha was to be provided later by his family members. The informant claimed that besides him the family members of late Madhukant Jha naming, Ishwar Nath Jha (P.W.8), Rajeev Kumar Jha (P.W.3), Dharmendra Jha and some other villagers who had come, had witnessed the occurrence. After the occurrence the dacoits went towards north and thereafter towards west. The informant claimed that the family members of his uncle and he could identify the dacoits and looted articles again on seeing the same. The fardbeyan was recorded on 22 -4 -1999 at 3.15 A.M. at the village of occurrence i.e. Bhau Chapra, P.S. Meenapur under district Muzaffarpur.

(3.) THE prosecution in order to substantiate its case has examined altogether 17 witnesses. The defence has also examined one witness and the defence of the accused persons is of false implication on account of suspicion and enmity.