BHARAT YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Bharat Yadav has been convicted under Section 396 of the Indian Penal Code by judgment and order dated 29.11.2002 passed in Session Trial No. 202 (A) of 1993/199 of 2002. The appellant was charged under Section 396 and 412 of the Indian Penal Code but acquitted of charge under Section 412 of the Indian Penal Code as prosecution could not bring evidence to prove the charge.

(2.) IN the night of 24 -25.6.1992 at about 1 A.M. at Village Ganguli, Sahipatti dacoits entered into the house of Sahdeo Purvey (P.W.3) and they committed dacoity in the house as well as shop of Kari Purve (P.W.4). In course of dacoity two persons namely Raj Kumar Purvey and Ram Pari Devi were murdered by the dacoits as they threw bomb and also opened fired. In the morning of 25.6.1992 at about 5 A.M. fard beyan of Sahdev Purvey (P.W.3) was recorded at the place of occurrence by the Officer -in -charge of Benipatti P.S.

(3.) THE dacoits started hurling bomb on the villagers, raising alarms with, a view to scare them. The villagers left the place and assembled at other side and the dacoits opened fire on them. Dacoits when started firing towards the house of Sahdeo Purvey, informant came down from his roof and ran towards the door of Pawan Purvey. There he saw that Raj Kumar Purvey is lying dead receiving gun shot injury. He saw that Rampari Devi has also received injury due to the firing made by the dacoits. Ram Pari Devi died after some time due to her injuries. The dacoits took away radio, wrist watches, torch from the residence of the informant and Rs. 5,000/ - cash from the shop of his brother. Dacoits were wearing vest and pants. They were speaking local language. One of the dacoits who was throwing bomb was of stout built of short height. The informant in the fard beyan claimed that he can identify the accused persons and looted articles.