RAM PRAVESH SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant/Ram Pravesh Sahani has been convicted for the offence punishable under Section 412 of the Indian Penal Code (in short the I.P.C.) by judgment dated 03.01.2014, passed by the learned 1st Additional District & Sessions Judge, Sheohar in Sessions Trial No. 77 of 2012, arising out of Piprahi P.S. Case No. 76 of 2011 and by order dated 08.01.2014/10.01.2014, he has been sentenced to undergo rigorous imprisonment for ten years, to pay a fine of Rs. 25,000/- and in default of payment of fine to further suffer rigorous imprisonment for one year.

(2.) A dacoity had taken place in the night of 15.07.2011 in the houses of many persons of the village including P.W. 15, the informant. The villagers got up and tried to chase the miscreants who were about 18 to 20 in number and who were effecting their retreat after the occurrence. Later, with the help of the police party, the appellant was arrested, who was found to be in possession of a black bag. On inquiry by the police party as also by the villagers, he confessed about his participation in the occurrence and on his showing, certain articles were recovered from a sugarcane field. A case, therefore, was registered vide Piprahi P.S. Case No. 76 of 2011, dated 16.07.2011, for the offence under Section 395 of the I.P.C. against 12 to 14 unknown miscreants.

(3.) Later, charge-sheet was submitted for the offences punishable under Sections 395 and 412 of the I.P.C. against the appellant and the investigation was kept pending with respect to the other accused persons.