KAILU MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This appeal has been preferred against the judgment and order dated 8.2.1989 passed by the then 2nd Additional Sessions Judge, Saharsa, in Sessions Trial No. 7 of 1984 whereby and where under the four accused -appellants have been convicted under Section 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years.

(2.) The occurrence took place in the night between 13th and 14th September, 1982 at the house of Sitaram Mandal. This is a case of the prosecution that when the inmates of the house including the informant were sleeping then the accused -appellants along with others had entered inside the house by breaking the doors and committed dacoity. Hullah was raised and then the neighbouring people came and the dacoits attempted to flee away. All other accused could be able to escape except the accused -appellant No. 1, Namely, Kailu Mandal, who was caught red -handed with a country made gun along with live cartridge in his possession. He made extra judicial confession before the persons, who caught him red -handed naming other dacoits. He was also produced before the Judicial Magistrate for recording of his confessional statement under Section 164, Cr.P.C. P.W. 7, Binay Kumar Sinha, Judicial Magistrate, had recorded the statement of Kailu Mandal.

(3.) The first information report was lodged on 14.9.1982, i.e., on the next date by Sitaram Mandal and during the course of investigation booties of the dacoity were alleged to be recovered from the possession of accused -appellant No. 2, namely, Harihar Mandal. Those booties which are the common articles such as old utensils, old clothes, etc., were put on test identification parade and it is alleged that those were identified by the informant. After closure of investigation charge -sheet was submitted under Section 395/412 of the Indian Penal Code. On being committed to the Sessions charges were framed against the accused -appellants along with two others under Section 395 of the Indian Penal Code. While against Harihar Mandal there was further charge under Section 412 of the Indian Penal Code.