PANCHU RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal was preferred from jail by appellants Panchu , Rai and Jai Kishun Rai who were convicted by the Sessions Judge, Sitamarhi in Sessions Trial No. 187 of 1983. The appellants were tried along with four others. The learned Sessions Judge convicted all the accused persons including these two appellants u/s 395 I.P.C and sentenced to undergo rigorous imprisonment for ten years each. The appellants have remained in custody for seven years before they were released by this Court. The remaining four accused persons had preferred Cr. App. No. 375/87. However, despite bench order Cr. App.No. 375/87 was heard by another bench who by his judgment dated 20th September, 1996 dismissed the appeal but modified the sentenced to the period already undergone by the appellants. The evidence against these appellants is similar to that of the evidence against the appellants in Cr. App. No. 375/87.

(2.) IN the night between 15th/16th May, 1982, there was an occurrence of dacoity in the house of informant Badri Narayan Sah of village Kohbarba, P.S. Sonbarsa, in the district of Sitamarhi. On the same night dacoity was also committed in the house of Kheru Sah and Ramshreth Sah. The accused persons were arrested after few days on suspicion and were put on T.l. parade. They were identified by the inmates of the house in which dacoity was committed.

(3.) ACCORDING to the evidence several witnesses have identified both the appellants. The learned Judge has accepted the evidence and I find no reason to differ with his finding particularly when conviction of the remaining appellants on similar evidence has been affirmed by this Court.