HASIBUL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 19 -9 -1994 passed by the 2nd Additional Sessions Judge, Purnia in Sessions Trial No. 191/91 convicting both the appellants under Section 395 of the Indian Penal Code and each of them has been sentenced to undergo R.I. for seven years.

(2.) The prosecution case in brief is that the informant Asfaque Ahmad (P.W. 7) was sleeping in his room in the night of 23 -3 -1990. At about 12.00 O'clock about five miscreants entered into his room after breaking opened the door. The informant identified three of them including the appellants. They demanded money from the informant. They tied up his hand and he was dragged to his nearby shop. 10 -12 dacoits were standing in the courtyard from before out of which he identified one Farda (Appellant No. 2). It is further case that miscreants broke open the lock of the shop and started torturing the informant by burning his leg with papers. He has to disclosed that about 22,000/ - rupees were kept in the sleeping room from where the miscreants took away the entire amount after breaking almirah. They also committed dacoity in the room of informant's mother (P.W. 10). From the fardbeyan recorded by Araria Police at Government Hospital, Araria on the same night, the case was registered. Before the trial Court, there were six accused facing trial but others were acquitted and only two, who are appellants, were convicted.

(3.) The case of the defence was that they have been falsely implicated in this case.