FATINGA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Fatinga Yadav and Nakhidan Dusadh have been found guilty for an offence punishable under Sec. 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.1,000.00 and in default thereof, to undergo S.I. for two months, additionally, by the 1st Assistant Sessions Judge, Aurangabad vide judgment of conviction dtd. 20/1/2009 and order of sentence dtd. 21/1/2009 relating to Sessions Trial No.129 of 1983/ 74 of 1997.

(2.) PW-5, Kedar Singh gave his fard-bayan on 15/5/1982, divulging the fact that in the preceding evening at about 7.00 pm., the unknown dacoits raided his house and looted away his belongings (so detailed) including a double barrel gunand during course thereof, also fired causing injuries to the Bikhari Singh, Bhikher Chand Singh, Gupta Singh. Further claimed identification of the dacoits, whereupon Barun P.S. Case No.68 of 1982 was registered under Sec. 395 of the I.P.C. and after completing investigation, chargesheet was submitted facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.

(3.) Defence case, as is evident from mode of cross-examination as well as statement recorded under Sec. 313 of the Cr.P.C. is that of complete denial. It has also been pleaded that both the appellants happen to be resident of village- Bhuapur where land of informant lies. Appellant Fatinga Yadav was Bataidar under the informant while appellant Nakhidan Dusadh was a bonded labour under him. Because of the fact that informant had grudge against both of them on account thereof, subsequently getting an opportunity got them involved after taking the police under collusion. However, nothing has been adduced in defence.