CHANDRIKA CHAUDHARY AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the impugned judgment of conviction and sentence order dated 22.09.1994 and 23.09.1994 respectively passed by the learned Sessions Judge, West Champaran, Bettiah in Sessions trial no. 191 of 1990 by which and whereunder all the above stated appellants have been convicted for the offence punishable under section 396 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life for the offence punishable under the above stated section 396 of the Indian Penal Code.

(2.) On the basis of Fardbeyan of P.W-6, namely, Pramod Kumar Mishra, Chautarwa P.S. Case No. 06 of 1989 for the offence punishable under section 396 of the Indian Penal Code was registered against two persons, namely, Mahant Mali and Dhandhar Mishra. P.W-6 gave his Fardbeyan on 05.03.1989 at 7.30 a.m. to P.W-8 to this effect that in previous night at about 11.00 p.m., 12 to 14 dacoits, having armed with gun, rifle, Tangi, Bhala and torch, entered into his courtyard and one of the culprits flashed torch on the face of his father. P.W.-6 claimed that in the light of torch, he noticed that 7 culprits were carrying guns whereas remaining culprits were carrying Bhala, Farsa, lathi etc. He also noticed that some culprits having armed with rifle and gun were moving outside his house. Culprits asked his father about gun and cartridges upon which his father disclosed that gun and cartridges had been kept at Bettiah. Furthermore, P.W-6 claimed that culprits asked his father to provide some food and thereafter, at the direction of his father, he provided Chura and sugar to culprits. The culprits ate Chura and sugar and also remained there for one and half hour. However, the culprits expressed their desire to sleep and thereafter, his father unlocked the door of the room and thereafter, 6 to 7 culprits entered into the room and picked up gun and cartridges from the room and thereafter, dragged his father at courtyard. One of the culprits shot fire on the abdomen of his father. Culprits also opened fire twice on P.W.-6 and the culprits were threatening to kill him but subsequently, culprits took to their heels towards south side of the village. All culprits were speaking local language and were wearing Lungi and Kurta. Culprits had also capped and had covered their faces. However, P.W-6 claimed that he identified Dhandhar Mishra of village Pakri who was carrying gun in his hand. P.W-6 claimed that he would identify the dacoits, if culprits were brought before him. P.W-6 also claimed that one Mahant Nalhori of village Pakri had enquired about his father at about 4 p.m. of the alleged date of occurrence. P.W-6 also disclosed in his fardbeyan that one Ram Swaroop Nonia had shot fired on his father.

(3.) After registration of the F.I.R and inst itution of Chautarwa P.S. Case No. 06 of 1989, P.W-8 took charge of investigation and after completion of investigation, he submitted charge-sheet against the appellants and others.