SUKHDEO HAZARA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision petition is directed against the order dated 2 -5 -1995 passed by the learned Additional Sessions Judge, Banka, by which he has confirmed the conviction and sentence passed by the 1st Assistant Sessions Judge, Bhagalpur, whereby the petitioners were convicted under Section 395 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years.

(2.) The case of the prosecution, in brief, is that in the night of 25th/ 26th October, 1981, at about 1.00 a.m. the informant saw movement of some persons and he woke up and found that 30 to 32 dacoits variously armed entered into his house. They confined the informant and his son Shaligram Mahton. Thereafter, one of them assaulted the informant by lathi causing injury on his shoulder, as a result of which, he fell down on the cot. Another dacoit also gave a lathi blow on his face causing breaking down his teeth. He identified petitioner No. 1, namely, Sukhdeo Hazra, among the dacoits in the light of lantern. He also sat on the chest of the informant after assaulted. Thereafter, the decoits looted the household articles including utensils and clothes. On alarm, the villagers arrived at the place of occurrence who took the informant to Katoria State Dispensary for his treatment where his fardbeyan was recorded by the police; on the basis of which formal F.I.R. was drawn. After investigation, charge -sheet was submitted against the petitioner, cognizance was taken and the case was committed to the Court of Session and the trial concluded with the result, as stated above.

(3.) I have gone through the records of the case, I do not find and illegality or irregularity in the order impugned. Both the Courts have discussed the evidence of the witnesses elaborately and it gave concurrent findings. I do not find anything which has vitiated and caused the miscarriage of justice. The sentence which has been passed by the Court below is not excessive and harsh which may require interference by this Court.