SHIBU SAHANI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and conviction dtd. 15/12/2010 and 21/12/2010 respectively passed by learned Sessions Judge, Muzaffarpur in Sessions Trial No. 630 of 2007, thereby the appellant has been convicted under Sec. 412 of the Indian Penal Code and sentenced to undergo rigorous imprisonment of five years, though acquitted all three accused persons including the appellant from charges under Ss. 395 and 397 of the Indian Penal Code.

(2.) The prosecution case is based on the Fardbeyan of dtd. 17/6/2007 of Arbind Kumar, Informant (PW-4). The crime of dacoity was committed in the house of the Informant in the mid night of 16/6/2007 while all the family members were sleeping. The informant woke up hearing sound of sudden breaking of the door then dacoits entered inside. All were armed with pistol and assaulted the informant with the butt of the pistol and committed dacoity in the house and took away money and jewelries and other items. He identified one of the dacoits and after committing dacoity all escaped away. The identified accused persons are named in the FIR as Kailash Mandal, Bindeshwar Rai and a person of village Gaushnagar. The informant also disclosed the description of looted articles.

(3.) The police after registering the FIR in the matter proceeded for investigation and on its completion submitted charge-sheet. During course of investigation one of the looted jewelries was recovered from the house of the present appellant leading to his disclosure made in his confessional statement and the same was also put on TIP and was identified by the Informant and other inmate of the house.