AKLU SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Aklu Sahani has been found guilty for an offence punishable under Section 395 IPC and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.5000/- and in default thereof, to undergo S.I. for six months, additionally, vide judgment of conviction and order of sentence dated 23.01.2009 passed by the Additional Sessions Judge, FTC, IV, Muzaffarpur in Sessions Trial No.402/2005.

(2.) Ram Bharosh Singh (PW.4) gave his fardbeyan on 29.05.2003 at about 02:00 AM at his house before police officials of Paru Police Station disclosing therein that at about 11:00 PM on 28.05.2003 while he along with his wife Parmila Devi, son Chandan Kumar Kashyap, daughter Sweta Bharti was sleeping over roof of his house, at about 11:30 PM he heard sound of breaking of main door of his house whereupon, he woke up and began to see. During course thereof, he has seen five miscreants who came over roof through stair, cordon them and then, they all pointed out pistol and directed them to sit idle otherwise, will be murdered. They took away ear ring, payal, ring from his wife. Then thereafter, three dacoits out of five, got down while two watched over them. They joined with other dacoits who induged in breaking of lock, boxes and, succeeded taking away utensils, cloth, cash, ornaments including other belongings. He identified two amongst the dacoits as Aklu Sahni (appellant) as well as Basist Sahni. With regard to rest, claimed identification. They have also fired during course of fleeing.

(3.) On the basis of the aforesaid fardbeyan, Paroo P.S. Case No.93/2003 was registered proceeded with an investigation as well as submission of charge sheet against four accused persons namely Basist Sahni, Shiv Sahni, Tuntun Sahni, Chabila Sahni for an offence punishable under Section 395 of the IPC keeping investigation pending against others including the appellants. Subsequently thereof, appellant was apprehended and then, charge sheet agaisnt him has been submitted facilitating the trial meeting with the ultimate result, subject matter of instant appeal.