AKLOO SADA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant stands convicted under Section 395 of the Penal Code and sentenced to undergo rigorous imprisonment ford five years.

(2.) According to the prosecution case in the night between June 5 and 6, 1976, a dacoity was commited in the house of the informant Yogendra Yadav, PW 1. The miscreants apart from looting the household articles were looking for the informant's father Mauje Lal. On finding him, they assaulted him with lathis and sticks and one of them also fired a short at him. Among the miscreants, the informant (and other members of his family) identified some dacoits including the present appellant. In his fardbeyan the appellant gave a list of the articles looted away and also stated that his family was having some dispute with the co-accused Sheonandan Yadav and it was his belief that Sheonandan Yadav had got the dacoity commited with the aid of some groups of dacoits.

(3.) The appellant who was named in the F.I.R. was arrested on 20-6-76 and was released on bail on 16-9-76. After his release on bail, the appellant absconded. Thus, compelling the trial Court to proceed with the trial of the other two co-accused in S.T. No. 108 of 1981 separating the appellant from that trial. It may only be noted incidentally that S.T. No. 108 of 1981 ended in the acquittal of the two other co-accused Bindul Mukhiya and Sheonandan Yadav vide judgment dated 15-3-1993.