LAWS(PAT)-1988-1-1

RAMESHWAR PASWAN Vs. STATE OF BIHAR

Decided On January 20, 1988
RAM ISHWAR PASWAN Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The sole appellant has been convicted under Section 395 of the Penal Code and has been sentenced to undergo rigorous imprisonment for ten years.

(2.) The prosecution case is that in the evening of 28-1-1979 at about 6.30 P.M. a dacoity was committed in the house of the informant Sachidanand Sinha (P.W. 2). The dacoits took away ornaments, clothes and gun after assaulting the informant. An information was lodged at Chandi Police Station on the following day by P.W. 2 and a case was instituted on that basis. In the first information report the informant had claimed to identify 41 dacoits by name and some others by face. In course of investigation thew police arrested some persons including the present appellant and put them an test identification parade. This appellant was identified at that test identification parade by the informant and his servant Jagdish Ram (P.W. 8). After completing investigation the police submitted charge-sheet only against the present appellant and exonerated all the 41 persons named in the first information report as dacoits. In due course, this appellant was put on trial with the result as stated above.

(3.) The factum of dacoity has been proved by the informant and P.W. 1 Jitu Mahto. I need not consider their evidence in detail as the factum of dacoity was not challenged before the Court below and the learned counsel appearing for the appellant also stated that he would not challenge the factum of dacoity here also.