RAGHUBANS SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three appeals arise out of a common judgment and order of conviction and sentence, dated 12-2-1998 and 13-2-1998 passed by 3rd Additional Sessions judge, Saran in S. T. No. 7 of 1983 by which the appellants have been sentenced to undergo rigorous imprisonment for ten years for the offences under Section 395 of the Penal Code.

(2.) RAGHUBANS Singh is appellant in Cr. Appeal No. 54 of 1998, Hadis Mian is appellant in Cr. Appeal No. 109 of 1998 whereas abbas Mian is the appellant in Cr. Appeal no. 135 of 1998.

(3.) THE prosecution case, in brief, is that in the night of 19/20-8-1982 the informant sheonandan Singh, PW 5 was sleeping outside his house when he heard the sound of steps. When he woke up, he found a number of dacoits carrying lathi, Bhala and Farsa in their hands. In the light of the lantern which was burning he identified Raghubans singh who was carrying a Farsa. It is alleged that raghubans Singh gave a Farsa blow whereas others assaulted him with bhala and lathi. Some of the dacoits then entered the house where his daughters-in-law were sleeping and took away several articles and ornaments. The informant raised alarm on which villagers and his other family members came to the place of occurrence.