KRISHNA NAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment and order dated 6.9.1993 passed by Shri Priya Saran, 2nd Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 228 of 1983 whereby he has been pleased to convict all the five appellants under Section 395 of the I.P.C. and sentenced each of them to undergo R.I. for seven years.

(2.) The prosecution case, as per the fardbeyan of informant Ram Pratap Singh (P.W. 6) recorded on 26.9.1981 at 9.30 A.M. at village Amaithi, in brief, is that in the preceding night he alongwith his uncle Ram Naresh Singh (P.W. 3) was sleeping in a room built on first floor. At about 12 night there was some rain and when the rain was over some persons climbed over the roof from eastern side. The informant 's, uncle Ram Suresh Singh (P.W. 4), who was in another room situated at ground floor, started raising halla whereupon the informant got up and in the flash of torch light he saw some dacoits on the roof and some in the courtyard of the house. They were 20 -25 in numbers, out of them he identified five persons, who all are appellants. It has further been stated that appellant Krishna Nand Singh was armed with pistol, Bisun Singh was armed with Bhala, Raghunath @ Bitan was armed with gun and rest two appellants were armed with Gahadal. The dacoits entered into the rooms situated at the ground floor after breaking open the door by means of Gahadal. P.W. 4 Ram Suresh Singh raised halla whereupon the dacoits assaulted him by the butt of the gun causing injuries on his left elbow. The dacoits also did fire from their gun. On hearing halla the neighbours assembled whereupon the dacoits, fled away after looting the household articles, ornaments and cash. It is stated that the dacoits had snatched ornaments from the wife of informant and from the wife of Nand Kishore Singh. It is stated that the dacoits were identified in the torch light as well as in the light of lanterns which were burning in the Angan as well as in the room.

(3.) AFTER recording the abovementioned fardbeyan of the informant S.I. Ayodhya Prasad Singh forwarded the same to Bikramganj Police Station for institution of the case and on the spot he took up the charge of investigation. On receipt of the said fardbeyan at the police station, Bikramganj P. S. Case No. 220 of 1981 dated 26.9.1981 under Section 395 of I.P.C. was instituted against the five appellants and 15 -20 unknown persons. The case was investigated by the said S.I. Ayodhya Prasad Singh and after investigation he submitted charge -sheet against the appellants under Section 395 of I.P.C. on the basis of which cognizance was taken and the case was committed to the Court of Sessions.