LALO MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are three appellants namely Lalo Mandal and Manoj Sonar in Cr. Appeal No. 313 of 1993 and Mahesh Thakur in Cr. Appeal No. 346 of 1993 who have been convicted under Section 395 of the Indian Penal Code to undergo R.I. for 7 years.

(2.) The prosecution case in brief is that the occurrence took place on 22-4-1990 at about 2 a.m. in the morning. The informant Suresh Prasad Mehta, P.W. 9 was sleeping in his house when he realized that several persons were present in his house. He saw that some unknown persons who had covered their faces had entered into the room of his wife and his son P.Ws. 7 and 8 variously armed and were committing dacoity. The informant claims to have identified Lalo Mandal and Manoj Sonar and alleges that Lalo Mandal and Manoj Sonar were in the room of his so P.W. 8 and there was a scuffle between them. He also claims to have identified Mahesh Thakur. It is said that two persons were injured in the said occurrence. One is Rajgir Yadav, P.W. 2 and the other is Suresh Yadav, P.W. 1.

(3.) P.Ws. 2, 4 and 6 have been tendered for cross-examination. It may be stated here that P.W. 2, Rajgir Yadav who was injured witness in the said occurrence has not disclosed the names of any of the dacoits. According to the prosecution case on hulla several villagers gathered at the place of occurrence and had chased the dacoits. The police arrived at the spot almost immediately after the occurrence.