RAM NANDAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN sessions trial no. 154/1984, on the file of 3rd Additional Sessions Judge, Sitamarhi seven persons were tried Raj Kumar Ram Versus State Of Bihar for offences punishable under sections 395, 397 and 402 of the Indian Penal Code. Accused Ram Nandan Rai was aged about 70 years and accused Hiraman Mahto was aged about 75 years at the time of their conviction. The teamed Additional Sessions Judge acquitted two accused persons, namely, Akalu Paswan and Surendra Singh while five accused were convicted under sections 395, 397 and 402 of the Indian Penal Code and sentenced to 10 years imprisonment and to pay a fine of Rs.5,000/ - and in default to undergo further rigorous imprisonment for one year.

(2.) THREE separate appeals have been preferred against the judgment of conviction. In Cr.Appeal No.97/1990, there are three appellants, namely, Ram Nandan Rai, Ganga Rai and Satya Narayan Rai. In Cr.Appeal No. 127/1990, Gudri Mahto is the sole appellant. In Cr.Appeal No.64/1990, the soie appellant is Hiraman Mahto.

(3.) MD .Badaruddin (P.W.16) the then Sub -Inspector of Police, Purnahiya P.S. heard rumour of the dacoity at Kashopur at 8.45 P.M. He made entry in the. station diary and proceeded to Kashopur to verify the remour. Informant gave fardbeyan relating to the dacoity at about 10.15 P.M. The case of dacoity was registered against the accused Ram Nandan Rai, Satya Narain Rai and Jagannath Rai besides 40 unknown dacoits. Learned Trial Judge accepting the evidences of the prosecution witnesses found the appellants guilty and sentenced them to imprisonment as indicated above.