BHATTU MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals have arisen from Sessions Trial No. 244/1981 and 41/1988 disposed of by the 6th Additional Sessions Judge, Nalanda, Biharsharif by judgment and order dated 27th May, 1989 and all the three appellants have been convicted under Section 395 of the Indian Penal Code and sentenced to seven years' R.I. Bhattu Manjhi is the appellant in Cr. Appeal No. 220 of 2989 whereas Jethan Manjhi and Ramashish Ram @ Mater Khanna Kahar are the appellants in Cr. Appeal No. 223 of 1989.

(2.) The case of the prosecution has been stated in paragraph No. 2 of the judgment of the trial Court as extracted below: The case of the prosecution as per the F.I.R. marked Ext. 2 is that Arjun Sao, P.W. 7 was sleeping in his grocery shop situated at village Bedauli, P.S. Asthawan, District Nalanda, to which he belongs in the night of 31 -12 -1980/1 -1 -1981. His house is situated at some distance from his grocery shop. In the mid -night of 31 -12 -1980/1 -1 -1981, he heard that cry of weeping from his house. Thereupon, he rushed form his shop to his house and he saw the accused Ramashish Kahar alias Mater Khanna Kahar, Bamhatha Kahar (since dead), Jethan Manjhi and Bhatu Manjhi all of the same village fleeing away from the western exit of his house whom he identified in the light of his lantern which he had carried from the shop. The accused Ram ashish Kahar was carrying a bundle of clothes in his hand. The accused Bamhatha Kahar (since dead) was carrying the household utensils. The accused Jethan Manjhi and Bhatu Manjhi hurled a bomb seeing the informant as a result of which there was an explosion and he could not advance further out of fear. However, he raised alarm loudly as a result of which the inmates of his house came out. His co -villagers Muneshwar Prasad Singh, Siya Saran Singh, Ramchandra Singh, Nageshwar Singh, etc. also rushed there but by that time, the accused -persons fled away towards west. They were also chased by them but the accused -persons made their escape good. He found his wife Shakuntala Devi and his mother both injured. Both of whom had bleeding head injuries. According to the F.I.R. the accused -persons had taken away clothes, utensils and cash amounting to Rs 450/ -. The informant in the next morning went to Asthawan Police Station situation at a distance of 10 kilometres from the P.O. village along with his injured mother and Lakhichand Sao (P.W. 4) and reported at 10 a.m. on 1 -1 -1981. The motive behind the occurrence as disclosed in the F.I.R. was that the accused -persons were men of criminal bent of mind who used to indulge themselves in committing such crimes It was also disclosed in the F.I.R. that the accused persons had been identified by the inmates of his house. The Police instituted a case under Section 394, I. P. C. against all of the four accused -persons named in the F.I.R. and took up the investigation. During the course of investigation 394, was converted to Section 395, I.P.C. on 15 -1 -1981. After due investigation, the police submitted charge -sheet. against all the four accused -persons 395, I.P.C. The learned C.J.M. Nalanda took the cognizance of the offence under Section 395, I.P.C. on 22 -4 -1981 and committed the case to the Court of Session on 7 -9 -1981 This case was received on transfer in this Court on 11 -5 -1988.

(3.) All the appellants are co -villagers of the informant and they have been named in the First Information Report. Learned Additional Sessions Judge has accepted the evidence of inmates of the house where dacoity was committed, who claimed to have identified the appellants.