DEO NANDAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) We heard learned Amicus Curiae M/s Shaheen Begum appearing for the appellants as well as learned Additional Public Prosecutor for the State and perused the record along with lower court's record.

(2.) This criminal appeal has been preferred by the appellants against the judgment of conviction and sentence order dated 22.06.1993 passed by learned Additional Sessions Judge, Jehanabad (hereinafter referred to as "trial court") in Sessions Trial Case No. 31 of 1993 arising out of Kurtha P.S. Case No. 49 of 1983 by which and whereunder, he convicted both the appellants for the offence punishable under Section 396 of the I.P.C. and sentenced them to undergo rigorous imprisonment for life thereunder.

(3.) Briefly stated prosecution case is that PW-1, namely, Saryug Yadav gave his fard-e-bayan to S.I. of Shakurabad police station at his village on 18.05.1983 at 8:45 A.M. to this effect that in previous night (17/18.5.1983) at about 11:30 P.M. he and his brother were sleeping at his khalihan whereas his other family members were sleeping in the house. He, further, claimed that he woke up on the barking of dogs and saw in the light of torch some dacoits at his door and seeing them he as well as his brother tried to proceed towards his house but dacoits made firing as a result of which he as well as his brother sustained pillet injury. However, he, further, claimed that some dacoits entered into his house and committed dacoity whereas some dacoits climbed on his KHAPRA and got down in the courtyard of his house. He, further, claimed that in the meantime, he heard sound of firing and one dacoit uttered that one person was killed. The dacoits remained in his house for near about half an hour and looted the belongings of the house. He, further, claimed that after committing dacoity, dacoits returned from there along with looted booty and after that he went inside his house and found his son lying dead on his KHAPRA. The dead body of his son was got down and he made enquiry from the inmates of the house who disclosed that dacoits were 15 to 20 in numbers and they looted ornaments, utensils etc. The inmates of the house claimed that they had seen dacoits in the light of torch. PW-1 also disclosed the description of dacoits. He, further, claimed that dacoits had also committed dacoity in the house of one Suga Yadav.