ARJUN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE is a single appellant before this Court who stands convicted under Section 395 of the Penal Code and sentenced to undergo rigourous imprisonment for seven years.

(2.) ACCORDING to the prosecution case, on 18 -10 -1974 at about mid -night a dacoity was committed in the house of the informant Md. Ibrahim, PW.8. In the F.I.R. (Ext. 2) recoded on 19 -10 -1974 at 130, the informant stated that 20 to 25 dacoits entered into his house. They assaulted him and tied him to the cot on which he was sleeping. Some of them then entered into the room where his mother and wife were sleeping. They too were assaulted and the silver and gold ornaments on their person were snatched away by the dacoits. During the commission of dacoity the informant, his mother Fatma Bibi, P.W.1 and his wife Metlooba Khatoon, P.W.3 received injuries. In the light of the lantern the in formant was able to identify some of the dacoits including the appellant. In the F.I.R. itself it was stated that the informant's mother had also identified the appellant as being among the dacoits. The F.I.R., thus, gave the names of eleven accused among whom the appellant was mentioned at serial No.3.

(3.) THE police after investigation submitted charge -sheet on the basis or which six accused persons including the appellant were put on trial in S.C. No. 123/1981 before the Addl. Sessions Judge, Katihar. In that trial after all the prosecution witnesses were examined and the accused were to be examined under Section 313 of the Code of Criminal Procedure, the appellant disappeared. As he could not be apprehended at that time the Court was compelled to separate his case and proceed with the trial of the remaining five accused. Those accused were examined under Section 313 of the Code of Criminal Procedure and some of them also led evidence in support of their defence. Finally by judgment dated 9. -11 -1993; the trial Court acquitted all the rive accused then facing trial before it holding that the prosecution had failed to establish the charges against them.