RAM BALI PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals arise out of the common judgment dated 23.12.2002 and order dated 24.12.2002 passed by the Presiding Officer, Additional Court-I, FTC, Begusarai in Sessions Trial No. 333/86 by which the three appellants of these three appeals have been convicted for the offence under Section 395 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years and as such they have been heard together and are being disposed of by this common judgment.

(2.) The brief facts giving rise to the Sessions Trial No.333/86 are that the informant Upender Narain Singh (P.W.3) made statement to the Officer-in-Charge, Bakhri Police Station on 26.7.1977 in village Chatauna at 4 A.M. that in the night intervening between 25/26th June, 1977 about 25 dacoits reached his house armed with various arms and they were between the age group of 18-25 years and had tied the hands of the informant along with Bijoy Kumar and Shibnandan Singh and climbed on the roof of the house with the help of staircase and entered into the courtyard of the house causing grievous injury to him and other inmates and committed dacoity of cash, ornaments, clothes and documents. On hulla the villagers assembled but as the accused were firing they could not reach the house. Further case is that the dacoits ransacked the house for about half an hour and fled away with the booty. However, they had left cover of a dagger and a pair of shoes behind them. Detailed description regarding stolen properties has also been given.

(3.) On the basis of aforesaid fardbeyan, Bakhri P.S.Case No. 11(6) 77 was registered under Section 395 IPC. It appears that during investigation some accused persons were arrested and they were put on TIP and identified by P.Ws. 1 to 3. Thereafter charge sheet was submitted against the appellants and after cognizance the case has been committed to the court of sessions which ultimately came to file of Shri S.M.I.I.F. Alam, the then Presiding Officer, Additional CourtI, FTC, Begusarai.