RAMADHAR SINGH AND OTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals have been filed challenging the order of conviction dated 09.12.2003 passed by the Court of Additional Sessions Judge VI, Chapra in Sessions Trial No 498 of 1994.

(2.) As per the order of conviction, the appellants have been convicted for the offence punishable under Section 395 of Indian Penal Code (for brevity, IPC) and have been directed to undergo rigorous imprisonment for five years.

(3.) The prosecution case is based on the Fardbayan of PW 7 Bali Rai, the informant recorded on 08.02.1994 alleging that late in the night of 07.02.1994 at about 11 pm, two criminals entered into his house. Upon hearing some sound, he opened door of his house. It is alleged that one of the criminals threatened him with life to maintain silence at gun point. His wife Raj Pati Devi thereafter caught hold of him and pushed him back. It is alleged that 7 - 8 criminals came inside the house and indulged in looting of properties. He, thereafter, alleges that he took the staircase to the roof of his house and from there, he jumped on a heap of sand towards the south of his house and made noise to attract others, but none responded. It is alleged that other inmates of the house opened their doors out of fear and the dacoits indulged in looting of all the rooms. It is alleged that Firangi Rai, Kanhaiya Rai and Prem Chand Rai were sleeping on the Darwaza and his brother Jhalku Rai and uncle Dwarika Rai were also sleeping on the Darwaza. The informant (PW 7) has alleged that the dacoits took away eight briefcases, wooden box and two other briefcases and kept the same at the Darwaza, where they broke open the boxes and decamped with the articles being ornaments, clothes and cash of Rs 25,000/-. It is alleged that the dacoits fled away towards north. The informant (PW 7) has stated that Devanti Kumari (PW 1) has identified Ramadhar Singh, Appellant of Cr Appeal (SJ) No 19 of 2004. Informant (PW 7) himself claims to have identified Binod Singh and Rana Pratap Singh of Village - Sohai Gajan and Sanjay Singh of Village - Sohai Shahpur who is the Appellant of Cr Appeal (SJ) No 55 of 2004.