MISTRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been filed by the sole appellant Sheo Mistri against the judgment of conviction and order of sentence dated 22.3.1993 and 24.3.1993 respectively passed by the 5Additional Sessions Judge, Gaya in S.Tr. No. 6 of 1991/135 of 1991 whereby the appellant was convicted under Section 395 of the Indian Penal Code and was sentenced to undergo R.I. for 8 years. Besides the appellant one Ganauri Pawan was also found guilty but his appeal is not here.

(2.) A dacoity was committed allegedly in the night of 18.9.1988 in the house of the informant PW 10. According to the allegation the dacoits entered into the house of the informant PW 10 by scaling over the roof. Main door of the house was opened and thereafter, ten dacoits flashing torch light intruded into the house. Informant's wife woke up and tried to raise alarm but she was forced to keep mum. The dacoits entered into the room, opened the boxes and removed the valuable articles. One of the dacoits namely, the appellant gavn fasuli blow to one Saroj Kumar, the niece of the informant. On account of assault she received injuries. Valuables were looted by the dacoits and at the time of leaving the house they fired. The appellant was caught by the informant on the spot with the help of the villagers and was produced before the Chakand Police camp where the fard beyan was recorded on 19.3.1988 at 3.30 AM on the basis of his fard beyan (Ext -1/B) of the informant a formal FIR bearing Belaganj P.S. Case No. 106 of 1988 was registered under Section 395 of the Indian Penal Code against the appellant. In course of investigation complicity of another accused also transpired who was put on T.I.P. and identified. After investigation charge sheet was submitted. Cognizance was taken. As the case was triable by the Court of Sessions so it was committed to the court of Sessions. The charges were explained to the accused who pleaded innocence and claimed to be tried.

(3.) IN order to prove the case the prosecution has examined 12 witnesses, namely, PW 1 Saroj Devi, PW 2 Vijay Yadav, PW 3 Sarswati Devi, PW 4 Kishori Yadav, PW 5 Murti Devi wife of the informant, PW 6 Bhuneshwar Yadav, PW 7 Badamiya Devi, PW 8 Tijiya, PW 9 Phulpati Devi, PW 10 is Inderdeo Yadv, PW 11 is Arun Kumar Sharma the Judicial Magistrate who has conducted T.I.P. of Ganauri Paswan and PW 12 Saman Kujur the I. O. PWs 4, 8 and 9 were tendered in cross examination and PW 11 and 12 were the formal witness.