SOHAN MUSAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) On repeated calls, none appears on behalf of respective appellants, on account thereof, Sri Arun Kumar Tripathi and Sri Baban Roy, learned Advocates have been requested to assist the Court as an Amicus Curiae.

(2.) Cr. Appeal (S.J.) No.276 of 2009, wherein Sohan Musahar is the appellant and Cr. Appeal (S.J.) No.277 of 2009, wherein Ram Jee Musahar and Doma Musahar are the appellants, arise out against common judgment of conviction dated 02.03.2009 and order of sentence dated 09.03.2009 passed by the 1st Additional Sessions Judge, Kaimur at Bhabhua in Sessions Trial No.66 of 2009/ 12 of 2009, whereby and whereunder they all have been found guilty for an offence punishable under Section 395 of the I.P.C. and each one has been sentenced to undergo R.I. for 10 years as well as to pay fine appertaining to Rs.50,000/- and in default thereof, to undergo R.I. for two years, additionally, been heard together and are being disposed of by a common judgment.

(3.) Manoj Kumar Kharwar (PW-3) gave his fardbayan on 08.01.1997, disclosing therein that in the preceding night while he along with his father-in-law and brother-in-law were sleeping in a thatched house having over the roof of his house, armed dacoits came, overpowered them on the point of firearms and then, tied hands and legs of all the persons. Then thereafter, took him down stair to facilitate opening of rooms and then, opened the main door facilitating appearance of 10-12 dacoits, who committed dacoity in his house and taken away all the belongings, ornaments, utensils and for that, F.I.R. against unknown was registered bearing Bhabua P. S. Case No.6 of 1997, wherein he claimed identification of the dacoits, whom they have seen in torch light having flashed by them.