MOHAMMAD ISRAEL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by sole appellant Mohammad Israel, who has been convicted for the offence under Section 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three and half years by judgment dated 1.9.1993 passed by the 4th Additional Sessions Judge, Nalanda in Sessions Trial No. 298/106 of 1988/90.

(2.) Being aggrieved by and dissatisfied by the said judgment and order the appellant has preferred this appeal.

(3.) The prosecution case, as per the fard bayan (Ext.1) of Md. Enamul Haque (P.W.4) of village Banolia, P.S. Bihar, District: Naianda recorded by Arun Kumar Sinha, Inspector-cum-Officer-in-charge of Bihar P.S. on 23.3.87 at 19.45 hrs. at the house of the.informant, in brief, is that on the same day at about 7.15 PM informant Md. Enamul Haque was at his house and was teaching the children. In the meantime, some dacoits, who had covered their faces entered into his house. Tarannum Ara (P.W. 2), who happens to be the informant's daughter, was cooking food inside the house at that time. Seeing one of the dacoits, she raised halla that a mad man had entered into the house, whereupon, the man told her that he and his associates were dacoits. Simultaneously, 7-8 other dacoits entered into the house. 4-5 dacoits surrounded the informant and remaining dacoits started taking out the articles. The dacoits picked up a double barrel gun belonging to the informant and snatched ornaments from his wife and daughters. Thereafter, all the dacoits fled away. It is said that the informant's daughter Tarannum Ara identified one of the dacoits, who had pistol in his hand and had covered his face. He was Mohammad Israel, son-in-law of her neighbour Yusuf Mian. The informant also claimed to have identified him while he was running away. The informant gave the description of other dacoits and claimed to identify them in the light of the lantern and debris. On halla, several persons of the locality reached at the house of the informant and saw the dacoits running away. It is said that the dacoits also exploded 4-5 bombs to terrorise the villagers due to which the villagers could not chase the dacoits and the dacoits succeeded in fleeing away with the looted gun as well as ornaments.